NATIONAL ASSEMBLY

OFFICIAL REPORT

Thursday, 19th June, 2014

The House met at 2.30 p.m.

[The Speaker (Hon. Muturi) in the Chair]

PRAYERS

COMMUNICATION FROM THE CHAIR

ADOPTION OF REPORT ON DIVISION OF REVENUE BILL

Hon. Speaker

Hon. Members, I will be making a Communication relating to the adoption by the House yesterday of the Report from the Budget and Appropriations Committee regarding the Division of Revenue Bill, 2014. In the meantime, I will be requesting both the Leader of Majority Party and the Leader of Minority Party to approach me so that we can agree on some of the ways forward proposed. Thank you.

What kind of petition? It has not been brought to my attention, has it? Neither I nor the Clerk’s office is aware that you have an intention to bring a petition of any sort. Approach the Clerk.

(Hon. M’uthari consulted the Clerk-at-the-Table)

Hon. Speaker

Very well but please for the benefit of all Members, when you have a petition that has been approved it is important that you communicate also to the Clerk’s office so that it is put on the Order for orderly conduct of business. Proceed, the hon. Member.

PETITION

DEGAZETTEMENT OF NYAMBENE NATIONAL RESERVE

Thank you, hon. Speaker. This is a petition by the residents of Igembe North Constituency on the degazettement of Legal Notice No.86, the Wildlife Conservation and Amendment Act, Cap.376, Nyambene National Reserve. We, the undersigned citizens of Kenya who are residents of Igembe North Constituency in Meru County, draw the attention of the House to the following: The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

THAT, aware that Legal Notice No.86 of 30th June 2000 curved out 640.6 square kilometres of land to create Nyambene National Reserve; noting that there are six national parks all within 50 kilometres radius of Nyambene that cater for conservancy in the area; that the gazettement of the national reserve was done without consulting the people at the grassroots whose livelihoods depended on the land for farming and grazing; that the area is also prime land that lies in the designated area for development of Isiolo Resort City and that the Lamu Port South Sudan-Ethiopia Transport (LAPSSET) Corridor project is being undertaken to facilitate easy and safe movement into and out of the existing parks; that efforts to have the matter addressed bore no fruits and yet competition for the limited farming and grazing resources continue to heighten tension among families; that the matter in respect of which this petition is made by the residents of Igembe North Constituency on degazettement of Legal Notice No.86; the Wildlife Conservation and Amendment Act, Cap.376, Nyambene National Reserve, is not pending before any court of law, your humble petitioner pray that the National Assembly through the Departmental Committee on Environment and Natural Resources intervenes to have the Nyambene National Reserve degazetted and the land reverted to the community. Your petitioners will forever pray. There are a number of petitioners who have requested this so that this land can be reverted back to the community. It has heightened tension in the constituency but it is covering also a bigger area within Nyambene. The petitioners are listed below and given their addresses. Thank you, hon. Speaker.

Hon. Speaker

Very well. Maybe I will allow your neighbour from Igembe Central, hon. Cyprian Iringo to just make a comment.

Thank you, hon. Speaker for this opportunity. I congratulate my brother and neighbour for having brought this petition because we have been haggling over this issue. It appears that the County Government has ignored the cries of the leaders, we as Members of Parliament and also the residents of this constituency. His constituency; Igembe North, my constituency, Igembe Central and Tigania East are the constituencies affected. They are on the same corridor which has been earmarked for a game reserve. Whereas we have got Meru National Park, Kora and many others and animals are not even full there, we need land for our animals and not land for wild animals. The county leaders have ganged up and have already started training Kenya Police Reservists (KPRs) to man this particular land without the consent of the elected leaders, like me and my brothers M’Muthari and hon. Mpuru Aburi. So, hon. Speaker, the petition is very valid and it has come at the right time so that we can seek the degazettement of the same and also stop them from encroaching on that land. We are worried that there might be some private arrangements which are not going to benefit the public but individuals and that is our greatest fear. Thank you, hon. Speaker.

Hon. Speaker

Very well. I think because of the nature of the petition it suffices that it be referred to the Departmental Committee on Environment and Natural Resources which is required to observe strict deadline or timelines of our Standing Order No.227. I can see the Chairperson of the Committee is happy and almost laughing because she The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

You see there is nothing out of order. You know hon. Members, I think it is important to also appreciate. Look at your Order Paper, unless you are saying that there is a petition that has not been addressed, there is no point of order. I want to say that when you have petitions which have not been addressed, please put those complaints in writing to the office of the Clerk for my attention and appropriate action will be taken. Next Order.

PAPERS LAID

Hon. Speaker, I beg to lay the following Papers on the Table of the House today Thursday, 19th June 2014:- Legal Notices Nos. 86 and 87 of 18th June 2014 on the Income Tax Act, Cap. 470. The Report of the Auditor-General on the Financial Statement of Kenyatta International Convention Centre for the year ended 30th June 2013 and the certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statement of Tana River Water Services Board for the year ended 30th June 2013 and the certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statement of Kenya Electricity Transmission Company Limited for the year ended 30th June 2013 and the certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statement of Kenya Civil Aviation Authority for the year ended 30th June 2013 and the certificate of the Auditor- General therein. The Report of the Auditor-General on the Financial Statement of Kilifi Mariakani Water and Sewerage Company Limited for the year ended 30th June 2013 and the certificate of the Auditor-General therein.

The Report of the Kenya Delegation to the 2014 World Summit of Legislators (WSL2014) on Climate Change, Forests and Natural Capital Accounting.

Hon. Speaker

Very well. I must thank the Deputy Speaker. Several hon. Members who have also been travelling all over the world should emulate that example. You travel for Parliament business, none of you travels on tourist visas; therefore, we need to get these reports.

NOTICE OF MOTION

ADOPTION OF REPORT ON CLIMATE CHANGE

The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Speaker, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Kenya Delegation to the 2014 World Summit (WSL2014) of Legislators on Climate Change, Forests and Natural Capital Accounting laid on the Table of the House today, Thursday, 19th June, 2014.

Hon. Speaker

Next Order.

STATEMENTS

SECURITY SITUATION IN TURKANA SOUTH

Hon. Speaker

Hon. Members, Wednesday afternoon is the day to receive responses to requests for Statements. Today, the first response is to be given by the Chairperson of the Departmental Committee on Administration and National Security on the alleged deterioration of security in Turkana South requested by hon. James Ekomwa Lomenen, Member of Parliament for Turkana South. Hon. Abongotum, you are the one who is giving the response.

Thank you, hon. Speaker. On 25th March, 2014, the hon. Member for Turkana South, the hon. James Lomenen, requested for a statement on the alleged deterioration of security in Turkana South Sub-County. The hon. Member alleged that on 15th March, 2013, unknown raiders invaded a village in Kakong’u area and made away with 3,000 goats before killing seven residents. The hon. Member particularly sought to be informed on the following:- 1. the General Service Unit (GSU) officer who on 16th March, 2013, killed a resident of Kakong’u, after a peaceful demonstration; 2. Security measures that the Government has put in place to improve surveillance and patrols n Turkana South, especially along the borders with West Pokot County in Kakong’u, Nakwamoru, Loyapat and Kapelibok areas. Hon. Speaker, I wish to give the following response from the Cabinet Secretary. The security situation in Turkana South has remained stable, except for a few isolated incidents reported from the sub-county on 15th March, 2014, and not the year 2013, as indicated by the hon. Member. At about 11.50 a.m. an unknown number of raiders attacked Kakong’u area within Kainuk Location, Turkana South Sub-county and made away with unknown number of goats. A male adult aged 45 years; namely Longiro Lotengae was also shot dead and three others as follows: One, Mr. Lokoriman Manen aged, 45 years and a Kenya Police Reservist sustained gunshot wounds on the left hand. Two, Lolimu Etolem aged 22 years, sustained gunshot wounds on the right hand and three, Arika Rekamoi aged 50 years sustained gunshot wounds on the right leg. Those injured were rushed to Lodwar District Hospital in stable condition. The incident was reported to Kainuk Police Station on the same day. The following day at about 7.00 a.m. the officer in charge of Kakong’u Administration Police Camp reported to Kainuk Police Station that a mob of about 50 bandits who were armed with AK47 rifles had barricaded Kitale-Lodwar Highway with stones and logs, paralyzing movement of motor vehicles. The demonstrators’ grievances were, among others, delayed recovery of the animals that had been stolen the previous day and assurance from the Government of their security. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

On receipt of the report, a combined contingent of officers drawn from Kenya Police, GSU, Administration Police and Anti-Stock Theft Unit (ASTU) led by the area OCPD proceeded to the scene. As officers were disembarking from their vehicle, they were attacked by the armed bandits thus precipitating a fierce exchange of fire which resulted into the death of Mr. Eseken Nandiko, aged 25 years. An illegal firearm, make Carbine serial number 1954R loaded with two rounds of ammunitions of 7.62x39 mm was recovered from the suspect. Another armed bandit, Lochawei Nakurichan, aged 27 years was shot on the left shoulder and was rushed to Lokichar Hospital for treatment while in stable condition. The incident was reported at Kainuk Police Station and inquiry file No.3/2014 opened and it is pending under investigations. Once the investigations are completed, appropriate action will be taken on whoever is found culpable. Subsequently, another inquire file No.4/2014 was opened to investigate those behind the incident and plans to barricade Kitale-Lodwar Road, thus paralyzing free movement. The matter is under investigation and appropriate action will be taken against whoever is found culpable or responsible. Hon. Speaker, the following measures have been put in place to improve security along Turkana and West Pokot; especially Kakong’u, Nakwamoru, Loyapat and Kapelibok areas: (i) General Service Camps have been established at Lorogon, Nakwamoru and Turkwel areas. (ii) An ASTU Camp has also been established at Kainuk. (iii) More officers have been posted to Kainuk Police Station. (vi) Improving the strength of Kainuk, Kakong’u, Nakwamoru and Lorogon AP Camps and Lorogon ASTU Camp through posting of additional officers. (v) All security camps are equipped with serviceable vehicles and other necessary logistical equipment for ease of their movement and preparedness. (vi) The areas are patrolled on 24 hour basis. (vii) Lastly, several meetings and public barazas have been held to sensitize members of the public on the importance of peaceful co-existence among others. Thank you, hon. Speaker.

Thank you, hon. Speaker. I want to thank the Chairman of the Departmental Committee on Administration and National Security for the response given. But I want to confirm to this House that I do not think this information or the answer was given by the Cabinet Secretary. This response is not actually very true. I have confirmed and I want to affirm that the information that is given is actually not what is reflected on the ground. First and foremost, the Chairperson has said that measures have been put in place to improve security along Turkana and West Pokot border. We only have one police station and that is Kainuku Police Station with less than 20 police officers. I wonder when they were deployed. Hon. Speaker, secondly, the same police station does not have a vehicle. The vehicle that was there is broken down; it is not operational. I want the Chairman to The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

confirm the registration number of the vehicle that they have allocated to the police station because I came from that police station yesterday. The Deputy President was also there and he saw it. There is no vehicle. The other thing that I want to confirm is that, that information is not true. The patrols have not been happening in that area but we have been told that the police have been patrolling there 24 hours. The only people who have been patrolling there 24 hours are the bandits. So, I wonder, does the Chairman have the connection with the bandits because I am very sure that it is the bandits who have been patrolling there 24 hours? Some of them are suspected to have come from the constituency of the Chairman. Let us not cheat!

Hon. Speaker

Hon. Ekomwa, you are supposed to seek clarification. Now you begin accusing the Chairman. Surely, this Statement and I have a copy of it here is signed by the Cabinet Secretary, Ministry of Interior and Co-ordination of National Government, Joseph ole Lenku. You must remain silent however old you may think you are in this House. You are only supposed to seek a clarification. You are accusing the Chairman of being the one patrolling or being in cahoots with the bandits whom you allege are the ones patrolling 24 hours. Surely, is that fair to your colleague? You are casting aspersions on him that he is a bandit. You must withdraw that one and apologize. Hon. Ekomwa, you must withdraw that one and apologize.

Seek your clarification. You are disputing that there are patrols for 24 hours and you are also disputing that there is Anti-Stock Theft Unit (ASTU) or General Service Unit (GSU) camps. I am sure the Chairman has heard you loud and clear. It is not a debate.

Hon. Speaker, first of all, I just want to confirm to my good friend, Hon. Ekomwa, that the Cabinet Secretary has signed this document. It is not even the Principal Secretary. So in terms of ownership, I think the Cabinet Secretary is the one who signed this Statement. On the other details, whether there is a police station or a vehicle in Kainuk Police Station, the Cabinet Secretary is saying that there is a vehicle in that police station. If the Cabinet Secretary is misleading, I will invite hon. Ekomwa sometime after the Cabinet Secretary and Inspector General of Police are through with the current insecurity problems in Mpeketoni, Wajir, my constituency and many other places. In two weeks, I will invite him so that the Cabinet Secretary can give specifics on the number plate of that vehicle because there is no way the Cabinet Secretary can claim this vehicle is in Kainuk and the hon. Member is saying a different story. We need to confirm this. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

On the issue of patrols, I think the Cabinet Secretary has confirmed that they are even increasing the number of personnel and vehicles in these areas. So, if that has not been done, we will also clarify with the Cabinet Secretary in the Committee. On the issue of bandits who are roaming in those areas, we know that that area is a banditry prone area, the same way my place and others in the region are. I think the Government is prepared to address this matter and it has been a concern to all of us; myself and the hon. Members from the region. That is my response.

(Hon. Ekomwa consulted loudly)

Hon. Speaker

Hon. Ekomwa, you will need to understand these things. You do not just own the Statement. There are others who will help you. Others will help you. It is now the property of the House so another hon. Member has a chance.

Hon. Speaker, I request the Chairman to make the following clarifications: First, why a whole constituency, Turkana South, which is about 15,000 square kilometers with over 135,000 persons can have only one police station. Let him explain why the hotspots like Kakong’u and Kaputir do not have a police station given the fact that Turkana County loses an average of 60 people per month translating into 720 every year to raids from our neighbours.

Hon. Speaker, I accept the information from the Chairman that the report he is giving to the House is not really his but he has done so on behalf of the Cabinet Secretary for internal security. But what is missing in the report is the factual component where some areas in Turkana South have lost a number of areas, including Turkwel and Lorokon

.

He is claiming that they are patrolling so if security is there, why can they not secure those areas where people have been moved away and there is nobody occupying it? Instead, they have shifted to other areas where there is security. So, the issue of patrols is not true and we would request the Chairman to invite all of us during that session.

Hon. Speaker, he has said that there are patrols along that area. I border Turkana South but I want him to tell us exactly how many vehicles are in Sigor Constituency and Turkana South because it is not true that there are patrols by the police along that border. There are no patrols. He should sincerely tell us exactly how many vehicles have been deployed by the Government along the border of Turkana South and Pokot, Sigor Constituency.

Hon. Speaker

Hon. Abongotum to respond. You can see the futility of this process. You are saying that the Chairman should be honest and he is just reading a Statement which is here. I have a copy of it. The way he has read it, he is very honest. He has read each and everything that is contained in this Statement. I have told you that it is signed by Joseph ole Lenku, Cabinet Secretary, Ministry of Interior and Coordination of National Government. I have followed everything that he has read through very The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

honestly. So, how honest do you want him to be? He has read what he has been given. I want you, Members, to appreciate the futility of this process, you are telling the Chairman to be honest. How is that possible? Hon. Abongotum, perhaps, you have some element of honesty that is not clear to Members.

Thank you, hon. Speaker. Hon. Emanikor actually raised the issue of that area of Turkana South losing many people to the extent that they are losing over 60 people per month, translating to 720. This is highly regrettable and we should not be losing Kenyans in this manner. We will be sitting together with hon. Members from that area and even hon. Rotino to see the best way possible of dealing with this problem. I agree with the hon. Members that, that area is poorly policed as per the reports from the local people. We need the Cabinet Secretary to come and confirm whether the Government is actually willing to add more vehicles and more personnel. We will invite hon. Emanikor and my good friend, hon. Nakuleu to come and argue their cases. In fact, I want them to come with written proposals so that we can address this problem that is so rampant. On the issue of the boundary between the areas of Turkwel and Lorogon; I think this is a more weighty issue. The issue normally involves the two counties of Turkana and West Pokot. The Cabinet Secretary and the entire Government machinery is qualified to actually deal with that matter expeditiously. I know we have tried as Members from the region to solve the issue. One time, we even invited His Excellency the President, but that meeting could not succeed because of misunderstandings. I think the Cabinet Secretary should be able to restart the process, so that these issues of boundaries can be solved. According to our Constitution, there are also provisions that can be used to address county problems. Lastly, on the issue raised by hon. Rotino, I think he should come up with a specific Statement request, so that the issue of Sigor can be handled separately. When we call the Cabinet Secretary, we will also invite hon. Rotino to come and say his bit of the story.

Thank you, hon. Speaker. I came from the constituency yesterday. Every week, I go to bury people who have been shot dead by bandits. I am tired of burying people all the time. The other day when around 50 people were killed in Lamu, every leader here was concerned. There were demonstrations, all the leadership was concerned. But when people are killed in Turkana all the time, there is no one who is concerned. Are we lesser Kenyans? We are not lesser Kenyans; we are human beings, we voted for this Government and we want our people’s properties protected. Children were singing to the Deputy President asking him what sins their parents, teachers and police officers committed.

Hon. Ekomwa, even in your own Standing Orders, you are not supposed to use that request as excuse for debate. You should have raised those issues the other day when we had a Motion for Adjournment. You come here and then walk out. Do not be nomadic when you come to the House. You must come and sit still and wait for a chance to speak. What clarification is it that you have sought? You are making a request that the Kenya Defence Forces move from wherever they are to be stationed in Turkana or such like place. Maybe they should be stationed in very many other places. Obviously, the time to make that suggestion is not now. You may be right, but at the wrong time. The Chairman cannot clarify anything on whether KDF should move out of the barracks to be stationed where you are suggesting. Why do you not move an appropriate Motion to seek that kind of proposal? It is a useful one. The Statement sought by hon. (Ms.) Nyamunga from the Departmental Committee on Education, Research and Technology. Hon. Sabina Chege.

CAUSE OF DISMAL PERFORMANCE IN PUBLIC SCHOOLS

Thank you, hon. Speaker. Pursuant to Standing Order No.44(2)(c) of the National Assembly, hon. (Ms.) Nyamunga, Member for Kisumu County requested for a Statement from our Committee regarding the Kenya Certificate of Primary Education results. She stated that the Constitution stipulated that every child has a right to free and compulsory basic education. The Ministry of Education, Science and Technology indicated that out of 843,626 candidates only 647,602 would get admission to secondary schools. She inquired into the following:- (i) the cause of dismal performance in public schools especially in Kisumu county; (ii) the alternative plans the Government intends to put in place for the candidates who missed admission to public secondary schools; and, (iii) the measures the Government would put in place to ensure that there is high transition rate from primary to secondary schools in the county. I wish to respond to the issues as follows; first, the overall performance of candidates in 2013 KCPE examination remained relatively the same compared to that of 2012. In 2013, the number of candidates with 252 marks and above was 417,483, which is 49.7 per cent of the total candidates who took the examination, while in 2012, the number of candidates with 251 marks and above was 416,900 representing 51.35 per cent of the total candidates who sat for the examination. This indicates that there was no significant difference in terms of performance in 2013 as compared to 2012. There is a table of the analysis and the ranking of our counties in 2012 and 2013 KCPE examination. It indicates that Kisumu County’s performance in 2013 remained relatively the same as that of 2012. It was further observed that Kisumu County ranks among the best ten performing counties in the KCPE examination in the years 2012 and 2013. On the said table that is in this report, the performance in public schools in Kisumu County in comparison with private schools, as well as in comparison with overall performance nationally was as follow:- The mean aggregate total for 2013 KCPE nationally was 248.629 while the mean aggregate total for private schools nationally was 287.602. The The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

mean aggregate total for public schools in 2013 examination was 241.398 while the mean aggregate total for Kisumu County in 2013 KCPE was 263.345. The mean aggregate total for private schools in Kisumu County for 2013 KCPE examination was 292.808 while that of public schools was 260.367.

304.48. It is, therefore, evident from the above data that the performance of Kisumu County in 2013 KCPE was above the national mean aggregate. It is also noted that though the performance of private schools in Kisumu County is higher than that of public schools, the performance of public schools in the county is higher than the average performance of private schools in 2013 KCPE.

The dismal performance in KCPE examinations in public schools in the country and particularly in Kisumu County was partially attributed to the closure of public schools during the 2013 general elections and teachers’ strike that interrupted learning in all public schools. Other factors that may have contributed generally to poor performance not only in Kisumu but throughout the country include; understaffing, poverty, inadequate infrastructure and other facilities. The shortage of Quality Assurance and Standard Officers is also another factor that results in inadequate and inefficient monitoring of teaching, learning and assessment of public schools.

Hon. Speaker, the alternative plans the Government has or intends to put in place for the 196,024 candidates who had missed admission in secondary schools this year is mainstreaming or selection of KCPE candidates to join youth polytechnics to pursue skills training.

The Government, through the Department of Youth Affairs, has revamped all former youth polytechnics and established new ones in districts. This offers numerous training and other technical courses for students. This year, a total of 88,195 KCPE candidates were placed in youth polytechnics countrywide. There is also an attached schedule on the same. The remaining Class Eight leavers were absorbed in private TVET colleges and private secondary schools.

Hon. Speaker, the Government has put the following measures in place to ensure that there is a high transition rate from primary to secondary schools in the country:- 1. Further expansion of the number and capacity of national schools. 2. The Government of Kenya to fund expansion of all other schools to at least three streams as was done for national schools--- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

The measures are:- 1) Operationalization of incomplete Economic Stimulus Programmes (ESPs) in schools by providing funds for requisite facilities. 2) Encourage establishment of more schools by devolved governments and communities, for instance Constituencies Development Fund (CDF) among other interventions. 3) Encourage integration of learners with special needs in their regular schools and build the capacity of secondary schools and tertiary education teachers to handle learners with special needs. 4) Encourage establishment of, at least, a secondary school in the existing primary schools where viable. 5) Encourage contribution of donor-driven initiative like ADB and Kuwait Fund for Economic Development. 6) Initiative targeting the marginalized and orphaned children and incentives to facilitate private schools investors such as Build, Operate and Transfer (BOT). 7) Explore mechanisms for enhancement and effective implementation of Free Day Secondary Education Programme

.

Thank you, hon. Speaker. I would like to thank the Chairlady very much for the response to the question that I had put earlier on. The only thing is that this question was put when we came back for the second Session. It has taken very long. It is over three months. However, I really appreciate the work that they have done. It is very well done except that I need to raise a few issues. My concern was not only Kisumu County but it was the general performance of the whole country.

You will realize that every year there are very many primary school pupils who drop out at Standard Eight. Last year alone it was almost 200,000. If you take that one backwards, you will realize that we could be talking of over hundreds of thousands of children who drop out of school and do not have anywhere else to go. I may have to state that the general performance especially in Kisumu County---

Kisumu County should be doing much better than what has been shown here. Even if you look at the schools, you will find that they are schools which are within the City Centre. I know most of the schools. About seven of them are within the City Centre. If you take that to the constituencies in the rural area, you will find that the performance will not be as good as what is being stated in this Report. However, one of the reasons that I feel should be taken into account is the fact that in some areas in Kisumu County and the whole country teachers work under very difficult conditions. If you take, for example, Nyando you will find that it is either very dry or flooded. If you take the case of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Speaker, in my view, I think the Government should do much more to take care of our teachers so that the performance in schools; either in primary or secondary schools can improve. My main concern is that there should be a transition. If you look at the activities that the Government is trying to put in place to take care of all the dropouts from primary and secondary schools, you will find that most of it is just in paper and it has never been implemented. This is because when you talk about village polytechnics, in Kisumu County, we have 22 polytechnics and only two are functional. These village polytechnics should be completed and then furnished so that they can take care of all the school dropouts, be it at the primary school level or the secondary school level. This will help many students and we will not have the high level of unemployment which is at over 40 per cent.

Hon. Speaker

You must conclude. You cannot speak endlessly. You must conclude. Up to now, you have not sought any clarification. I am still waiting to hear what clarification, if any, you are seeking from the Chairperson. You have gone on to discuss about coastal region---

Thank you, hon. Speaker. I wish to thank hon. Nyamunga for bringing this matter at the right time. This is the right time because tomorrow Kisumu County is having its first education day and they want to know what is happening with education.

Hon. Speaker, one of the reasons that the Chairlady has mentioned as the cause for poor performance is understaffing. That cannot be true because there is overstaffing within the municipality and understaffing outside the municipality. That needs to be addressed.

One issue that needs to be looked at is adult literacy. This is because the right to education is enshrined in the Constitution. That means that it is the responsibility of the Ministry to ensure that every Kenyan, whether a child or adult has a right to education. What is the Ministry doing to have an equitable distribution of teachers between the municipality and the rural part of the country and also take adult literacy seriously?

Thank you, hon. Speaker. Hon. Rose Nyamunga’s sentiments are well noted. I would also like to inform her that the issue of development of polytechnics is now with the county governments. She can consult her governor, so that they can increase the number of polytechnics in their area. At the same time, we had about Kshs600 million in our budget for development of polytechnics. The Budget and Appropriations Committee felt that the money was meant The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

for the county governments. However, there is a lot that the national Government does in equipping polytechnics. On the issue of overstaffing, the Teachers Service Commission (TSC) is already working out a programme on how to rationalise and ensure that some teachers in areas which are overstaffed are transferred to other needy areas. Through this year’s Budget, we intended to increase the number of teachers by 5,000. So, we will have more teachers posted to areas where there is shortage. I would also like to point out the fact that the Government has set aside more money for free primary and free secondary education, which means more students will be able to go to school.

MEASURES TO PROTECT FORESTS IN THE COUNTRY

Hon. Speaker

Next is the Statement sought by hon. Joseph Kiuna Kariambeu from the Chairperson of the Departmental Committee on Environment and Natural Resources.

Hon. Speaker, the Member for Njoro had requested for a Statement regarding conservation of the environment. The hon. Member requested that I inquire into and report on:- (i) the measures that the Government has put in place to ensure that forests are not destroyed by loggers and charcoal burners; (ii) the steps the Government has taken to ensure that the water catchment towers are protected; and, (iii) why more than 30 homesteads in Teret, Mauche Division, were destroyed by the Government without following the due process of eviction, and sought timelines when the affected persons would be compensated.

Hon. Speaker, the Government, through the Kenya Forest Service (KFS) has deployed forest rangers in all the forest stations across the country. The forest rangers undertake patrols in the areas under their jurisdictions. They monitor illegal activities and negative effects to the forests such as illegal and unauthorised cutting of trees and charcoal burning. It is important to note that charcoal burning is outlawed in all forest reserves.

In addition, the KFS has put in place a system of regulating tree cutting and charcoal burning through the enactment of the Forest Service Rules, 2009, Legal Notice 186.This subsidiary legislation established the procedures on licensing and permits required. Finally, participatory forest management has also been introduced in all the forests across the country, through the formation of community forests association.

Hon. Speaker, on the steps that the Government has taken to ensure that the water catchment towers are protected, they responded with the following 12 measures. I probably need to read only the first---

Hon. Speaker

Hon. Amina Abdalla, I can hardly hear what you are reading, so as to know whether you are truthfully and honestly reading what I have.

Hon. Speaker, I am truthfully reading the written response. I have no incentives for not doing so. I am reading page two, on the steps that the Government has taken to ensure that the water catchment towers are protected. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Speaker, the Government, through the KFS, has enhanced the protection of the water towers through the following deliberate measures: 1. No extractive activities such as logging or tree cutting are permitted in natural forests within the water towers and biodiversity-protected ecosystem services. 2. No development of major infrastructure that would result in substantive losses of forest or tree cover is permitted, including the development of dams. In addition, the KFS, together with the Kenya Wildlife Service (KWS) and other partners, are in the process of developing a Forest Ecosystem Management Plan. Protection of forests is being enhanced by putting electric fences around some of them. Forests which have ecosystem management plans include Mount Kenya, Aberdares, Mount Elgon and Kakamega Forests. Plans for Cherengany, North and South Nandi and Marsbabit Forests are in the process of being formulated. 3. Restoration of degraded areas of water catchment areas, including eviction of squatters. 4. Regulation of installations being made in water catchment areas, so as to minimise negative impacts on the water catchment towers. 5. Implementation of participatory forest management, linked with integrated water resource management, is on course. 6. Introduction of ecotourism in suitable sites within the forest reserves. 7. Establishment of Kenya Water Towers Agency to coordinate and oversee the restoration and sustainable management of all water towers. 8. The set up of a Water Tower Conservation Fund to mobilise resources for the restoration and sustainable management of the water towers. 9. Set up a joint enforcement unit, comprising of Kenya Forest Rangers, APC, County Council Rangers and the regular police to enhance the protection of the Mau Water Towers. 10. Commissioned Department of Remote Sensing and Survey to undertake rapid status assessment of 18 water towers in order to facilitate preparation of interventions. 11. Mobilisation of indigenous and local communities to form community forest associations in order to encourage them to participate in conservation of the water towers. 12. Mobilise other stakeholders to partner with the Government in the restoration of various parts of the Mau Water Towers, for example, Egerton University, the Kenya Commercial Bank and the African Wildlife Foundation.

The third part of the Statement request was on why the Government destroyed more than 30 homesteads in Teret, Mauche Division, without following due process for eviction, and sought timelines when the affected persons would be compensated.

Thank you, hon. Speaker. When the Cabinet Secretary appeared before our Committee, we actually pressed the Ministry officials and indicated to them that the Member of Parliament would not have raised this matter if there were no people who had been evicted, but they stuck to their response. What they informed us is that in the past they have been wrongly accused of evictions that were done by parties other than the Ministry. One of the things they told us is that they were aware that parts of their forest had been invaded, but they have not evicted anybody and they had no intention of doing so.

So, if I went there on an impromptu visit and found some evictees, and they claimed that they were evicted by the Ministry but the Ministry denied, what solution would I be able to give the hon. Member?

Hon. Speaker

Hon. Kiuna, we also do not want to spend parliamentary resources on surprise visits. Perhaps, you may require the intervention of the Cabinet Secretary.

There are several Members who are putting in requests. I do not know if it is for this or other things. Let us have hon. Kiuna.

Hon. Speaker

Well, the Chairperson of the Committee has an answer where it says: “I wish to confirm that there has been no eviction of any homesteads in the Mauche Division.” That is the answer she has. The rest you can only leave it to your maker. Wait until you get the Cabinet Secretary. Unless you want the Cabinet Secretary summoned to the Committee, you will not get a different response. This is the response she has given. The Chairperson is not going to give a different answer unless you say that you think the response is not satisfactory and should be referred back for purposes of getting the Cabinet Secretary to come and respond to what you are saying. Even if you argue with the Chairperson she will not tell you that what she has read is not correct; that is what she has been given. I only still hope that we can all see the hopelessness of this situation. If the Cabinet Secretary was here to respond to what you are saying, it would be a completely different ball game. The House would be able to express itself on the response she is giving, but now this is translated through the Chairperson. This is why we are insisting that we need to change this system. And, of course you have approved the changes. Hon. Kiuna, we are implementing this by 1st July, 2014. So, you could request that this matter be taken back to the Committee for this purpose because you appear to have been comfortable with the other responses only that you are unhappy with the assertion that nobody has been evicted. So, would you want the matter taken back so that you can have the Cabinet Secretary and yourself appear?

Hon. Speaker

What do you want? Who to go?

Hon. Speaker

I think we are taking Parliament to the wrong direction. If somebody talks about bandits and you say that a special committee should be formed to go and chase the bandits in forests, are we really going to take that direction? We will not be able to have every Member of a Committee to go with all manner of armory to chase bandits who have disappeared in the forest.

On a point of order, hon. Speaker. In such a case if the Committee calls a Cabinet Secretary then the Member of Parliament concerned should also be called so that he or she is able to interrogate the Cabinet Secretary. If the need for a visit arises then it could be arranged between the two under the supervision and oversight of the Committee. I believe that would, possibly, lead to better results than what the hon. Member wants. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

The issue which has been raised here has been addressed through a written response from the Cabinet Secretary. That is why I am telling hon. Kiuna that if he feels so dissatisfied then hon. Amina Abdalla and her Committee could summon the Cabinet Secretary responsible at which sitting hon. Kiuna should be present so that he can prosecute his claims that people have been evicted when she says that they have not been evicted.

Hon. Speaker, we summoned the Minister and we invited hon. Kiuna. The Minister was represented by the Principal Secretary. Hon. Kiuna did not attend. Nonetheless, when we insisted that a Member cannot bring a question if no evictions have taken place, they gave us examples of places where the Kenya Forest Service (KFS) has been accused of evicting people and it is not true. I am now at a loss because hon. Kiuna was not there to clarify. Could I have taken the Statement from the Principal Secretary as a lie? That is my predicament now.

Hon. Speaker

Well, I think hon. Kiuna could have raised the matter before the Committee when the Cabinet Secretary was present. We cannot hold business because of this. Raise the matter, again, when the Cabinet Secretary is present so that the matter can be discussed there.

BUSINESS FOR THE WEEK COMMENCING 24TH TO 26TH JULY, 2014

Hon. Speaker, pursuant to Standing Order No.44(2)(a), on behalf of the House Business Committee (HBC) I rise to give the following Statement regarding the business appearing before the House the week beginning Tuesday 24th June, 2014. The HBC met this past Tuesday at the rise of the House and scheduled business for this current week and part of next week. Hon. Speaker, following your direction yesterday that the National Assembly should lead from the front in terms of conforming to statutory deadlines, I wish to report several things: With regard to the eight constitutional Bills, the Attorney-General has confirmed that he has received the draft legislative proposals from the Commission for the Implementation of the Constitution (CIC) and the Kenya Law Reform Commission (KLRC). Further, he has also confirmed that due to the urgency of the Bills he will be presenting them today to the Cabinet for approval. The Attorney-General has also undertaken to forward the Bills to the National Assembly next week. This will enable us to publish them in good time so that they are considered and passed by 27th August, 2014. With regard to the Appropriation Bill, 2014, I wish to confirm that the Budget and Appropriations Committee had intensive engagements with the Treasury and in this regard it is envisaged that the Appropriation Bill could be published over the weekend so that it can be considered on Tuesday and Wednesday next week. I sincerely thank the Budget Office and the Budget and Appropriations Committee for their efforts. Hon. Speaker, next week the House will consider for Second Reading the following Bills: The National Drought Management Authority Bill, 2013; the Kenya Qualifications Framework Bill, 2013; the Private Security Regulation Bill, 2014; the Scrap Metal Bill, 2014; the Persons with Disability (Amendment) Bill, 2013; the Climate Change Bill, 2014; the Kenya National AIDS Authority Bill, 2014; the Order of Precedence Bill, 2014. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

At the Committee stage, there will be the Alcoholic Drinks Control (Amendment) Bill and the Counselors, Psychologists and Physiotherapists Bill, 2013. The House Business Committee has also given priority to a number of Committee Reports for debate by the House. These include the Special Report of the Public Investments Committee on the procurement and financing of the construction of standard gauge railway from Mombasa to Nairobi Phase 1, if it is not concluded today. There will be the Report of the Mediation Committee on the County Governments and the Report of the Departmental Committee on health and devolution of health services Hon. Speaker, next week, the House will also consider the National Government Supplementary Estimates, which I tabled yesterday. These two ought to be passed before 1st July, 2014. I wish to remind my colleagues that as per our calendar, we are scheduled to proceed on a short recess on 4th July, 2014, two weeks from now. Finally, the House Business Committee will meet on 24th Tuesday, June, 2014 at the rise of the House to consider Business for the rest of the week. I wish to lay the Statement on the Table of the House.

(Hon. A.B. Duale laid the document on the Table)

Hon. Speaker

Leader of Minority Party.

TRIBUTE TO LATE HON. (GEN.) JACKSON KIMEU MULINGE

Hon. Speaker, thank you for giving me this chance. Hon. Members, as you are aware, the late hon. Gen. Rtd. Jackson Kimeu Mulinge, passed on, on Tuesday, 17th June, 2014. He was born in 1924 in Kathiani, Machakos. He attended African Inland Mission School, Mumbuni which is in Machakos. He then joined the military and began serving his country in 1942. He was granted commission as an officer in King’s African Rifles in 1961. In 1963, he was appointed Commanding Officer III, Kenya Rifles. He was appointed Brigadier in 1969. In 1971, he took charge of the military following Major General Joseph Ndolo’s retirement. Kenyans remember him fondly and with gratitude having fought the 1982 coup attempt. He retired from politics and went full-time into business both in real estate and farming, particularly ranching. His legacy is that of a man who tried his best to be incorrupt. He helped countless people get education and jobs. Despite all his achievements, he remained humble with a common touch until the end. He will be remembered for his achievements. His development record is spread everywhere from Kathiani, Kambaland and Kenya as a whole. May his soul rest in eternal peace. I just want to say that, we, the Kamba Community feel that we have lost a great leader, an icon and a symbol of unity in Ukambani. He served the past three presidents diligently, faithfully and has served with all his heart and mighty. He stood strong and believed in the rule of law. During those years, African governments were being toppled by Army Generals, but the late Mulinge was never tempted to take over power although he was capable. Whoever attempted to take power from a legitimate government was fought back and power brought back to the duly elected government. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

I am appealing to you, hon. Speaker that you give hon. Members a chance to contribute. I realize that the Leader of Majority Party, hon. Kamama, hon. Maj-Gen. Nkaissery, hon. Speaker, hon. Eng. Mahamud, hon. Midiwo and hon. Kimani Ngunjiri were all great friends of Gen. Mulinge. In fact, hon. Kimani Ngunjiri served with the late Gen. Mulinge in KANU. At that time, he was my junior. Hon. Speaker, I would like you to grant us time to pay tribute to this great hero.

(Applause)

Hon. Speaker

Very well spoken. Hon. Members, I think the matter raised by the Leader of Minority Party is, indeed, one which is grave. I want to give few moments for the hon. Members to eulogies their departed late Jackson Mulinge. Leader of the Majority Party!

Hon. Speaker, I want to join my colleagues in sending my message of condolence and that of the people of Garissa Township, to the family of Gen. Mulinge. The Leader of Minority Party and I will write to you formally asking that hon. Members donate one Sitting of their allowances to contribute to our colleague. We will formally do it and it will bear both of our signatures. The Late Gen. Mulinge has a long history. I do not think they were friends with hon. Jakoyo, maybe hon. Kaluma who was not poor. I have a history with the Gen. Mulinge and other Generals including hon. Maj-Gen.Nkaissery. When Gen. Mulinge retired, he handed over the baton to a great man from my constituency and county called hon. Eng. Gen. Mohamoud Mohammed, who I think together they defended democracy and said no to coups. If Gen. Karangi is watching me together with other Generals who will follow, they must emulate and take people from dark forces that do not believe in the rule of law, elections and winning of elections. They thrive well in chaos and in making sure that at any cost they must ascend to power. Hon. Speaker, Gen. Mulinge and his colleagues, Gen. Mohammed, Gen. Kibwana, Gen. Tonge, Gen. Kianga, Gen. Lengess from Samburu County and Maj-Gen. Ndolo made sure that the Kenyan people elected their leaders through the ballot and not through bullets, street demonstrations, funerals, political caucuses and shenanigans. I agree that the late Gen. Mulinge and Gen. Mohammed were serving the only party; it was the party of baba and mama . Under the new Constitution, we have depoliticized our military. One day, my good friend hon. Jakoyo Midiwo, and I were having a cup of tea. He said it would have been better if we had joined the military than coming to a Parliament; of course, those days we were talking about ransacking. He thought Parliament would have been better; but I told him, he did not have a chance to join the military because of his age. I want Members of Parliament to send their condolences and attend the burial because Gen. Mulinge was also a Member of Parliament. The Member of Parliament for Kathiani now is Hon. Robert; he is seated there. I had the privilege attending with him one of the most famous schools in this country, which is also a military school, called Moi Forces Academy. Only 20 per cent of us, including Hon. Robert, were not--- I know that former President Moi has lost a very dear friend because that is one of the men who saved and brought unity to the Kamba people. Kamba leadership must The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

emulate Gen. Mulinge. You should not follow the route of the Senator of Machakos. I am sure more will be said by the retired Maj-Gen. and the Chairman of the Pastoralist Parliamentary Group, hon. Nkaissery, who worked with Gen. Mulinge. Hon. Speaker, I send my condolences.

Thank you very much, hon. Speaker. I stand to pay tribute to a great man. The late Gen. Mulinge was a great hero, who deserves the gratitude of our nation for remarkable and exceptional service to our country. Gen. Mulinge was my mentor, commander, a great leader and a father figure of the Kenya Armed Forces. He showed true and exceptional leadership and courage and stood by this nation. He went through two very important episodes in this nation. One was in 1971 when some misguided individuals tried to remove a democratically elected Government of this nation. He stood by the people of Kenya and behind the Commander-in-Chief. He also did the same in 1982, when there was a small incident, which we refer to us a coup. Gen. Mulinge gave instructions to Gen. Mohammed, and the coup was crushed. I remember Gen. Mulinge and personally respect him. I rose to be a Maj-Gen, in the army mainly because of Gen. Mulinge. I wanted to leave the army and Gen. Mulinge counseled me but I did not heed his advice. He decided to take me to the Commander-in- Chief, where I was given an option, to either go back to the army or to Kamiti Maximum Security Prison. I decided to go back to the army and that was how I rose to be a Maj- Gen. So, I do thank the late Gen. Mulinge for that kind of exceptional intervention. He was very decisive, courageous and humane person. I send my condolences to the people of Kathiani and to my friend, Maj-Gen. Mulinge the son, who was actually my best man during my wedding. He is a personal friend; through him I condole with Mulinge family and the Kamba community. Thank you, very much, hon. Speaker.

Thank you, hon. Speaker, for this opportunity to pay tribute to a great man. I would like to, maybe, mention one or two things that Members here may not know. I believe Gen. Mulinge was an example of how Kenya is actually a land of opportunity. This is because this is a man who was born in a poor family, but rose through the ranks through hard work from the position of a private in the military to the position of army commander. Later on he was the 1st Chief of General Staff of this Republic, commanding all the armed forces. After a honorable retirement, he joined politics and was the Minister for Health and Lands consecutively He showed that humility, determination and hard work pays; he was an example that many of us in Kenya can emulate. I seek your indulgence to mention some of the decorations the late Gen. picked from the military. He was decorated as a Member of the Burning Spear, Imperial Defence College of the United Kingdom (UK), the Kenya Campaign Medal, an Elder of the Golden Heart of Kenya, the Distinguished Conduct Order, a GS medal, an AGS medal, Defence Medal and a War Medal from 1939-1945.

Kenya has lost a great man; I am honoured to have represented him as a Member of Parliament of the great Constituency of Kathiani. I just want to urge the military to assist the family and the people of Kathiani in giving him a hero’s send off.

Finally, beneath the very hard exterior that the late Gen. displayed as a military man, there was a family man. He inspired his son to also join the military. He rose up to the position of Maj-Gen and later on the Ambassador of Kenya to Somalia. He also inspired his grandson to join politics and now he is the MP for Kathiani Constituency.

Hon. Speaker, I had the very special privilege of working very closely with the late Gen. Mulinge. In 1996 and 1997 I was the District officer (DO) for Kathiani; at that time he was the Minister for Lands; I know you were also somewhere in Machakos, I think, as a Principal Magistrate or Chief Magistrate. I had the privilege of being mentored by this great human being.

Hon. Speaker, I would equate Gen. Mulinge with the late Prime Minister and general of the great nation of Israel, the late Ariel Sharon, who actually saved that nation during the 1967 war and the 1973 one. Of course you will remember the Yum Kippur episode. This general saved this country in 1971 when there was an attempted coup. He also saved this country in 1982 when there was a serious coup attempt. I remember I was in high school and a very young boy; we really got into a lot of problems that year. However, this general stood firm together with his juniors, who included the father-in- law of our Majority Leader, the then Lt-Gen Mahamud Mohammed, Barrow Mahamud and then Major Cheboi. They really dealt with those crooks; that is why our nation is still practising the democracy that we have been enjoying to this day.

Hon. Speaker, as a person I want to confirm to this House, without fear of contradiction, that Gen. Mulinge was extremely patriotic, very brave and straightforward. He would never give mixed signals when he had to decide. He was humble. You know you rarely get generals who are very humble, but he was humble, resilient and, sometimes, he could be very diplomatic.

I enjoyed a lot working with him. I even enjoyed taking a special drink in Kathiani called “The Kathiani One”. I want to call upon Kenyans to realise that hard work pays, and that patriotism is the way forward. When you go to a country like Israel the level of patriotism is so great that no police or army officer will compromise on The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Speaker, I know I will be attending the funeral with our friends. You remember that besides the tarmac road going to Kathiani, there is a big dam near Kathiani Town. He also built two special schools, Kathiani Boys and Kathiani Girls, and Kathiani Hospital. This was a very special human being.

Hon. Speaker, you know in times like this we need wisdom like what we have just heard from hon. Asman Kamama. In death people always say very good things even about very bad people, but this is one man whom we know had an opportunity to be a bad person but never endeavoured to be one; people of his calibre across Africa decided to be bad.

Hon. Speaker, I want to pay my tribute. Let me say just one thing. When we get an opportunity to talk about heroes of security at a time when there is so much insecurity in our country; this time, I plead with Parliament to stop being trivial because we are the trusted leaders of our people. I want to take this opportunity to condemn crime of any kind and say that this House has a responsibility in relation to the lives of Kenyans irrespective of their tribes and of where anybody comes from.

Hon. Speaker, I want to say that the answer to our problems lies in full implementation of the Constitution that we passed, so that Kenyans are not threatened wherever they live and whenever they want to live somewhere. People should know that there is a law which we passed. We want to call for complete implementation of the Truth, Justice and Reconciliation Commission (TJRC) Report, so that we can deal with issues that are annoying Kenyans. I want to plead with my colleagues, particularly to the Leader of the Majority Party, that the office he holds is an office of responsibility. Leaders, we shall work together and say responsible things. Let us not misuse the Floor of this House because Kenyans are watching.

Hon. Speaker, let me just end by saying that this morning Nakuru woke up to leaflets saying that Luos have only seven days to leave Nakuru. We do not need to go that direction. Three weeks ago, in Kapsabet, there were leaflets saying Kikuyus have only seven days to leave Rift Valley. Somebody must pay for such kind of a crime. That is the biggest crime Kenyans should live with.

Hon. Speaker, I want to tell the people on the other side of this House that they are in Government. They have power. You have numbers. If you are the ones living under threats what about the rest of us? This House has a responsibility.

Mr. Munyiri relax. Relax my brother because it will take me and you to give assurance to the people of this country that we are willing to take this country to the next level.

Hon. Speaker

Please, let us give a message of condolences. We should not begin preaching other things, which could be best preach in other for a; we really not preaching the virtues of the fallen hero. Please let us remain focused on this. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Speaker, I am sorry that I have offended you. I think when we talk about somebody who believed in peace, and Kenyans are in a situation where there is no peace, it is an opportune moment for us to tell Kenyans, politicians and everybody that we are the ones who always destroy our country. We want to live like Gen Mulinge.

Hon. Speaker, this responsibility lies here. It cannot be taken anywhere else and through you we can make this country to the great nation that God so wishes it to be. I send my condolences, hon. Speaker.

Hon. Speaker

Finally, the hon. Victor Munyaka.

Hon. Speaker

Let us feel sufficiently represented because we must transact other business.

Thank you very much, hon. Speaker. I also want to join my colleagues giving my condolences to the family of the late hon. (Gen.) Mulinge, his nephew, hon. Robert Mbui, the people of Kathiani Constituency and the Kamba community. Hon. (Gen.) Mulinge was a great man and a great son of the Kamba people. I want to say that he was a role model to many of us in the Kamba community; even during his service in the military, he encouraged many Kamba soldiers to emulate his ways of leadership. He actually preached loyalty, faithfulness and peace. I believe we owe him a lot of respect for the goodwill he showed for the Kamba soldiers in the army, so that they could be trusted wherever they went to--- Hon. Speaker, I want to say that Gen. Mulinge caused Kenya to be peaceful in a situation where many Africans countries had coup’ d’états and a lot of conflicts; Kenya was able to be very peaceful in the region. I also want to say that if Gen. Mulinge could wake up today, he would advise Kenyans to be peaceful and to avoid situations where we can lose the peace we are enjoying currently. We learnt that Gen. Mulinge was actually sick for nine years. Unfortunately, the Government has no policy to give insurance to retiring senior military people. It is unfortunate because all the medical expenses were met by the family. I am asking the Government to meet the Bills and even give insurance to heroes, so that they do not suffer during their last days on this earth. With those remarks, I would like give my condolences on behalf of people of Machakos. Thank you.

Hon. Speaker

Hon. Members, those who may be standing, please resume your seats. Hon. (Eng.) Gumbo, I am sure by now you understand the Standing Orders. Hon. Members, earlier on I did indicate that I was to revert to the Order on Communication from the Chair, because there is an important communication which we needed to process. This communication relates to the reference of the Division of Revenue Bill to a Mediation Committee.

COMMUNICATION FROM THE CHAIR

REFERENCE OF DIVISION OF REVENUE BILL TO MEDIATION COMMITTEE The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Members, you will recall that yesterday the 18th of June, 2014, the House adopted the Report of the Budget and Appropriations Committee on the Division of Revenue Bill, 2014 and consequently rejected the amendments of the Senate to the Division of Revenue Bill, 2014. As you all know, Article 112 (2) (b) requires that if after the National Assembly, being the originating House, reconsiders a Bill referred to it by the Senate and rejects the Bill as amended by the Senate, the Bill shall be referred to a mediation Committee appointed under the provisions of Article 113 of the Constitution. Hon. Members, the resolution of the House yesterday adopted the report of the Budget and Appropriations Committee and rejected the Senate amendments to the Division of Revenue Bill, 2014. This implies that the Speakers, or the two Houses, must now form a Mediation Committee in a manner contemplated by Article 112 of the Constitution and our own Standing Order 149. In this regard, having consulted the Leaders of the Majority and Minority Parties, and in accordance with Article 113 (1) of the Constitution, I have appointed the following hon. Members to be members of the Mediation Committee on the Bill on the part of the National Assembly:- 1. The hon. Mutava Musyimi, MP – Chairperson, Budget and Appropriations Committee 2. The hon. Mary Emaase, MP – Vice-Chairperson, Budget and Appropriations Committee and; 3. The hon. John Mbadi Ngong’o, MP – Member of Budget and Appropriations Committee.

(Applause)

Hon. Members, it is, indeed, with a heavy heart that I wish to remind the House of the provisions of Article 113 (4) of the Constitution, which provides that if the Mediation Committee fails to agree on a version of a Bill within 30 days, or if a version proposed by Committee is rejected by either House, the Bill is defeated. The possibility therefore, exists of the Division of Revenue Bill, 2014, being lost and thus throwing the Budget process for the counties into disarray.

It is important to emphasize that if the Division of the Revenue Bill, 2014, is lost, the biggest causalities will be the county governments as Article 224 of the Constitution requires enactment of the Division of Revenue, before they can commence any budgetary action. The said Article provides that:- “On the basis of the Division of Revenue Bill, passed by Parliament under Article 218, each county government shall prepare and adopt its own Annual Budget and Appropriation Bill in the form and according to a procedure proscribed in an Act of Parliament.”

It is also important to emphasize that the loss of the Division of Revenue Bill, does not affect the budgetary process of the National Government, which continues in the manner contemplated under Article 221 of the Constitution. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Members, allow me to revisit certain provisions of this Article for clarity purposes. Article 221 (1) states as follows:- “At least two months before the end of each financial year, the Cabinet Secretary responsible for Finance shall submit to the National Assembly – I emphasis, “National Assembly” - Estimates of the revenue and expenditure of the National Government for the next financial year to be tabled in the National Assembly. (2) The Estimates mentioned in Clause (1) shall – (a) Include Estimates of expenditure from the Equalisation Fund, and (b) be in the form, and according to the procedure prescribed by an Act of parliament. (3) The National Assembly shall consider the Estimates submitted under this Clause together with the Estimates submitted by the Parliamentary Service Commission and the Chief Registrar of the Judiciary under Articles 127 and 173 respectively. (6) When the Estimates of national Government expenditure and the Estimates of expenditure for the Judiciary and Parliament have been approved by the National Assembly, they shall be included in an Appropriation Bill, which shall be introduced into the National Assembly to authorize the withdrawal from the Consolidated Fund of the money needed f for expenditure, and for the appropriation of that money for the purposes mentioned in the Bill. (7) The Appropriation Bill mentioned in Clause (6) shall not include expenditures that are charged on the Consolidate Fund by this Constitution or an Act of Parliament.” It is, therefore, clear that unlike the county governments which are tied to the enactment of the Division of Revenue Bill by Article 224; Article 221 does not tie the national Government to the enactment of Division of Revenue Bill. Indeed, the House has already approved the Estimates of the National Government expenditure and the Estimates of expenditure for the Judiciary and Parliament, as contemplated in Article 221 (6) and will soon be considering the Appropriation Bill as required by the Constitution. Hon. Members, you will recollect that the reason why the Division of Revenue Bill is being referred to a Mediation Committee is because of the amendment made to the Bill by the Senate; which, as reported by the Budget and Appropriations Committee, was an unconstitutional amendment, as there was no agreement between the national Government and county governments as relates to the financing of level five hospitals, as required by Article 187 (1) of the Constitution.

(Applause)

The level five hospitals still remain within the jurisdiction of the county governments as no legal arrangements have been made for the transfer of this function as contemplated by the Senate amendment.

Hon. Members, last year I delivered several communications in which I stated my finding that a reading of Articles 93(2) and 95(4) of the Constitution relating to Article 218(1)(a) of the Constitution and, therefore, the allocation of national revenue between the levels of government is a function of the national Assembly. In addition, a reading of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Articles 93(2), 96(3) of the Constitution relates to 218(1) (b) of the Constitution; therefore, the Senate determines the allocation of national revenue amongst counties. However, the Senate sought an advisory opinion from the Supreme Court on this matter and the substance of the Supreme Court opinion is well within the knowledge of the House. It is my hope that the fears that informed my previous findings on this matter will not come to pass as this may pose great disruptions to the budgetary process as envisaged in the Constitution. Finally, listening to the debate on the Motion yesterday, it became apparent that prior consultations had taken place at various forums on the Division of Revenue Bill, 2014, and the agreements reached at these consultations informed the content of the Bill as originally published, amended and passed by the National Assembly. It is my hope that the Mediation Committee will build up on this consensus at the earliest possible opportunity, so as to put the budgetary process for the county governments into focus. I thank you.

Hon. Speaker, there is a matter that has been lingering on for a very long time, and I think this House needs to pronounce itself on it; unless that is done, we may be seen to be legislating in vain. It is now over two-and-a- half years since we passed the Engineers Bill. That Act is very clear that it needs regulations to govern it. I have been raising this matter so many times, but those regulations are not coming here, and this failure affects quite a large section of the community. This is important; it is not right for this House to pass a law and two-and-a-half years later, that law cannot be implemented. It really shows laxity on the part of the people who should prepare these regulations. As a House, we must now pronounce ourselves on this matter because we need to get synergy from other arms of Government; the way things are happening now, it is starting to look like other arms of Government are frustrating the efforts of this House in making laws. This is the matter that I wanted to raise because it concerns a large section of Kenya. There are huge projects going on which are supposed to be covered by this House, but the Act cannot come into operation until rules and regulations come to this House.

Hon. Speaker, from the outset, I can only speak for the Jubilee Government about the one year plus; I cannot speak for the last Government. You have seen that every day we are bringing regulations to be tabled here. I have written, as per my Office, to the Cabinet Secretary for Transport and Infrastructure and he has agreed that the regulations must go through stakeholders. But I will follow it up. It is a matter that is urgent and it will come. When they come to the House for tabling, they must be all inclusive. It is not a matter for only the Cabinet Secretary; it is a matter for all stakeholders. We have received the ones from the National Land Commission (NLC). We have received some from the National Treasury. The Engineer is a good friend of mine and I know he is a serious stakeholder; so, I will make more efforts to see that both the stakeholders and the Cabinet Secretary do it faster. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

MOTION

APPOINTMENT OF HON. ABURI TO THE COMMITTEE ON REGIONAL INTEGRATION

Hon. Speaker, I beg to move:- THAT, notwithstanding the resolution of the House on 8th October, 2013, regarding appointment of Members to respective Committees, this House further approves the appointment of the Hon. Mpuri Aburi, M.P. to the Committee on Regional Integration from the Departmental Committee on Lands to replace the Hon. Charles Nyamai, M.P. who moves from Committee on Regional Integration to the Departmental Committee on Lands. From the look of the Motion, these changes concern the other side, the CORD Coalition and I can confirm the Minority Whip and the leadership of that Coalition have agreed within the Standing Orders, and they have brought the matter to both the Committee on Selection and the House Business Committee (HBC) on Tuesday for this internal rearrangement. This is a straightforward matter; we do not need to debate it a lot. It is similar to the way the President reshuffles his Cabinet. If the leadership feels that you can do better in one area - I am sure this is the feeling of the leadership of the other side - it is okay. I am yet to reshuffle the Jubilee Coalition, because I know every one of them is serving well in his position; when the time comes, we will follow suit. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Thank you hon. Speaker, I stand to oppose the Motion and I want to support my brother hon. Aburi. I and hon. Aburi are the only two Members of Parliament who were elected on ODM ticket in the Mt. Kenya region. We went through hell to get our seats. When our brothers in CORD start behaving that way and punishing The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

us in one way or the other, they should call us and ask us what we went through. Even today, when I go home, I am carpeted left right and center because of this party. But I am ever here because I came on the ticket of ODM. If ODM leadership is going to play cards under the table, and punish us in one way or another---. When you send your son to go and get firewood, or to get water, or to get cows from the fields and he delays, do not prepare canes for beating that kid before he comes and explains why he delayed. Maybe, there was a lion which was running after him to eat his herd. Therefore, I strongly support that hon. Aburi remains in the Departmental Committee on Lands and not be taken to the Regional Integration Committee. We should not pass this Motion as the Leader of Majority Party proposed; let us debate it. I beg my colleagues from the other side to support us, we are on fire.

Thank you hon. Speaker for giving this opportunity. I stand to strongly oppose this Motion. This Motion is in bad taste; there was no consultation; there is no justification whatsoever under our procedures to warrant the removal of hon. Aburi. We pleaded with the Leader of Minority Party to unconditionally withdraw this Motion because it is untimely; it capricious.

On a point of order hon. Speaker. I want to ask whether hon. Keynan is in order. You are the Chairman of the House Business Committee and the Minority Whip, none other than hon. Mung’aro, in the presence of the CORD Members in the House Business Committee, brought the Motion in writing - this is on the records of the House - indicating that he wanted these changes. Made. Every Member in the House Business Committee knows this. So, there was serious consultation with the CORD leadership. It has got nothing to do with us. If you are in order, the only person who can withdraw the Motion now, is none other than the Chair of the Select Committee; I am not ready to withdraw it.

I really want to be given an opportunity. This Motion is now the property of the House. I am as familiar with our Standing Orders as I am with the Quran. What I want to say is, on the face of it--- Leader of Majority, I agree. We are not blaming you. I understand the Standing Orders; this must have originated somewhere in CORD. But I want to say this, and I want to go on record, it is a belated attempt; it is not the way to discipline a Member. Therefore, the intention is capricious; it is malicious; it is intended to harm the personality of one senior Member of ODM and, by extension, CORD. I really want to plead; it is not the right way to treat a Member. I want to appeal to the leadership of all political parties--- Should you have an issue with a Member--- These Members are not goats; these are duly elected representatives of the people of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Kenya. They should be treated with respect and accorded the necessary decorum; therefore, I strongly oppose this Motion.

(Applause)

Hon. Speaker

Hon. Members! there is nothing out of order. First of all, as the hon. Keynan said, I expect that you know your Standing Orders like your Bibles and the Quran; you are aware of Standing Order No.58; this Motion has been moved, seconded and proposed. So, it can only be withdrawn with the leave of the House and the House is you. Do not just pretend that you want to rise on points of order, when you know that you are the people who can give leave to withdraw the Motion; debate and take a decision on the Motion. Hon. Members, for your information, I do not think we need to take a lot of time on this; just know that on the 5th of May, 2014. Hon. Gideon M, Mung’aro, OGW, MP, Minority Chief Whip, wrote to the Clerk of the National Assembly and the heading is “Interchange of Members of the Committees on Regional Integration and Lands.

Hon. Speaker

“This is to inform you that after in-house consultation, and mutual consent---. So the people being interchanged mutually consented.

Hon. Speaker

“I wish to interchange the following Members from the Regional Integration Committee and Lands Committee. They are; 1. Lawrence Aburi Mpuri to move from Committee on Lands to Committee on Regional Integration Committee. 2. Hon. Charles Mutisya Nyamai, to move from Regional Integration to Lands Committee. 3. Kindly confer the necessary action. Thank you”.

Hon. Speaker

This letter is copied to hon. Francis Nyenze, Leader of Minority Party. So, even as we debate, this matter did come to the House Business Committee. We have made the necessary inquiries, and we thought it was a matter of formality. You can see that it talks about ‘mutual consent’. So, when there is mutual consent, we expect the matter to run smoothly. We cannot blame the Leader of Majority; neither can we blame the Leader of Minority. It is up to you hon. Members to make a decision one way or the other about this matter. Let me hear hon. Otuoma, because I have not heard his voice on the Floor for a long time now.

Hon. Speaker, you have just mentioned that there was consent from each Member, yet one of the Members has told this House that this was done without his consent. That being the case, it is my humble request that this Motion be referred back for consideration, so that we confirm whether the Member consented to it instead of debating when the Member is also not here. It is my humble request that this Motion be referred back to the House Business Committee. Adjourn this debate, hon. Speaker.

Thank you very much, hon. Speaker. From the outset I strongly oppose this Motion. For the record, I am the Vice-Chairman of the Departmental Committee on Lands. Even today in the morning hon. Mpuri attended a Committee meeting. We were debating something very important about Taita Taveta and his contribution was immense. So, I strongly oppose this Motion and say that we cannot lose a Member who has been very active in our Committee.

Thank you, hon. Speaker. I want to strongly oppose this Motion and say that the leadership, particularly, on the CORD side is wanting. I want to say that this has been happening on the side of CORD, and I do not know what is happening on the Jubilee side. We have a very serious problem with the leadership of CORD in this House. Our leadership out there is very strong, but it is very weak in this House. I am sure that is the reason they were able to write this letter, citing mutual consent between hon. Mpuri Aburi and hon. Charles Nyamai which has now been proved not to be the truth.

This also happened sometime back when, out of the blue, my name was also swopped with another name of a member of my Committee and I was taken to a different Committee. It is the same thing. I urge that the Committee on Selection, which is chaired by the Majority Leader, sits down. There is a substantive Committee in this House to deal with this matter. That is the Committee on Selection. That Committee should sit down and bring an honest list to this House for approval.

Hon. Members, this is not the business we were coming to transact. I want to put the question. I also believe that all of you are quite alive to--- In addition to Standing Order No.58, you are also alive to Standing Order No.49. Remember that if you defeat this Motion, you cannot re-introduce it during this Session.

(Applause)

Hon. Speaker

Read Standing Order No.49 and do not start giving me your own interpretations. You may be suffering from historical problems. Read Standing Order No.49.

(Question put and negatived)

COMMITTEE OF THE WHOLE HOUSE

The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

IN THE COMMITTEE

[The Chairlady (Dr. Laboso) took the Chair]

THE NATIONAL FLAG, EMBLEMS AND NAMES (AMENDMENT) BILL

(Consideration of Memorandum from His Excellency the President)

Hon. Chairlady

Order, hon. Members! Let us settle down. I think we have now put the matter of the two Members to rest and it shall rest for the remainder of the Session. So, let us settle down and continue with our business.

Hon. Chairlady

Hon. Members, we shall start with the Memorandum from His Excellency the President on reservations to The National Flag, Emblems and Names (Amendment) Bill, National Assembly Bill No.23 of 2013, pursuant to the provisions of Article 115(1)(b) of the Constitution.

THAT, Clause 3 be amended in the proposed Section 4(A)(2) by inserting the words “Cabinet Secretaries” immediately after the words “the Chief Justice”

.

This is in line with the Bill that we passed, but the President has brought a Memorandum that our Cabinet Secretaries need to fly flags. Why do I say so? Take an example of the Cabinet Secretary for Foreign Affairs. Our ambassadors out there fly flags. So, how do you deny the Cabinet Secretary the flag? The ambassadors are supposed to be answerable to the Principal Secretary for Foreign Affairs. They fly flags but our Cabinet Secretary does not. Secondly, even when our Ministers go to East African Community, IGAD and African Union forums, they see their colleagues fly flags. So, I want to agree with the Presidential Memorandum that Clause 3 be amended as per the Order Paper.

Hon. Chairlady

Hon. Members, is this long list of requests for contribution? Hon. Members, we need to get these things right, so that they appear in the HANSARD as they should.

Thank you, hon. Deputy Chairlady. I support the amendment by the President. If the President has spoken, who are we to say “no”? So, I support, of course, based on what has been said. Initially, it had been brought to this House. We had looked at it. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Thank you, hon. Chairlady. I agree that it is necessary to have our Cabinet Secretaries fly the flags. It is very necessary. It is an historical thing. The only thing you would be happy about is if one of you comes home with a National flag. So, why should we kill that rich history? You understand how these Cabinet Secretaries nowadays have been subjected to rigorous processes, including appearing before us. So, what good can they have apart from flying the flag home, and people coming to see one of their own in a different way?

Hon. Deputy Speaker, I rise to support the Motion. The reason is that it is very important to give respect to the Cabinet Secretaries, who work for this nation and all of us. They do not work for CORD or Jubilee. They work for the country. I beg to support.

Hon. Chairlady, I rise to support the Memorandum for the reason that it increases the number of people enjoying flying the national flag. The flag is not a symbol of power or an instrument of respect. In fact, I would have prayed that His Excellency the President recommends that we go the East African Community way. I see Members of Parliament and Judges flying the national flag. This is a facility that everybody should enjoy. I would support the President. Let them have the flag.

Hon. Chairlady

Hon. Members, as we debate, remember that to disagree with the President, we need a two-thirds majority of the membership of this House. So far, we have not heard opposing sentiments. Hon. Alice Nga’ang’a, please, make your contribution.

Thank you, hon. Chairlady. I stand to support the Presidential Memorandum. Hon. Chairlady, the Cabinet Secretaries are the ones in charge of different Ministries. Therefore, they deserve respect because at the end of the day, they sit in their offices and perform their duties to make this country better. So, they need respect. As they drive around, people need to know that State Officers in charge of the Government have passed by. It is good, because, if there is traffic, police officers will clear the way for them, so that they can get to their offices and perform their duties. They are important people in this nation. Therefore, we should respect them.

Hon. Chairlady, I rise to support this Memorandum for the simple reason that there is no reason of even denying governors the privilege of flying the national flag. In fact, I wish the President included governors in his proposed amendment, so that they would also fly the national flag. This is because Executive authority is exercised at two levels - the national level and the county level. At the county level, it should be exercised in the same manner as it is exercised at the national level. I do not even see the need for this legislation in the first place. This is a Bill we passed, but I am The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

not very enthusiastic about it. I am forced by the tyranny of numbers from both sides of the political divide this time round. The tyranny of numbers has marginalised my idea, but I support. Next time we should amend the Bill to allow the governors to fly our national flag.

Thank you, hon. Chairlady, for giving me this opportunity. I want to support the Memorandum by the President, only that I feel it falls short of my expectations. I clearly expressed myself previously. The National Flag is a sign of patriotism. It is not for anything else. So, I would have wished that all Kenyans were allowed to fly it.

Hon. Chairlady, I was elected by 30,000 of my constituents. I do not know how many people elected the hon. Member. That is why I should be listened to in this House. If it is a case of a shouting match, I am very good at it.

Hon. Chairlady, I am supporting the Presidential Memorandum. I was only expressing my opinion that the President should not have treated this thing as a symbol of esteem only for the positions contained in his amendment. It should be for all Kenyans to fly the national flag. This should not be restricted to very few fellows. In my Bomet Central Constituency, the fellows flying the national flag might never go there. How will my constituents know that there are some Kenyans flying the national flag, if we do not allow as many Kenyans as possible to fly it? I would have wished--- But because the two-thirds majority may not be attained, let me endorse the amendment.

Hon. Chairlady, I am very excited. I support the Memorandum because at least for the first time we are going to have the governors out there being proud of the flags of their counties. In fact, I am particularly happy about some governors who have been talking all over as if they do not have the counties. I fully support, and hope they will start preparing---. When a governor leaves his county, he should fold up his flag, put it in his pocket and wait for the next time he goes back to his county.

Hon. Chairlady, I beg to move that the Committee do report to the House its consideration of the National Flags, Emblems and Names (Amendment) Bill, 2013 and its approval thereof without amendment.

(Loud consultations)

Hon. Chairlady

Order, Members. Let us be a little patient because we want to make sure that we do the right thing. We want to use the right procedure as required.

(The Chairlady consulted with the Clerks-at-the-Table)

Hon. Chairlady

Hon. Members, we will not tire. Let us get it right. I will put the question.

(Question put and agreed to)

Hon. Chairlady

Hon. Members we will now proceed to the next Memorandum from the President which is on reservations to the National Police Service (Amendment) Bill, 2013 pursuant to the provisions of Article 115(1)(b) of the Constitution.

Hon. Chairlady

THE NATIONAL POLICE SERVICE (AMENDMENT) BILL The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Chairlady, I beg to move: THAT, Clause 15 be deleted. Clause 15 intends to amend the National Police Service Act by repealing or replacing Section 17, which provides for the removal of the Deputy Inspector-Generals. Sub-Section (1) gives the criteria. The amendment for the removal is similar to the grounds prescribed in Article 245(7) of the Constitution in respect of the removal of the Inspector-General of police. You cannot apply the same grounds to the removal of the two Deputy Inspector-Generals because that will be inconsistent with the Constitution. That is why we feel this Clause needs to be deleted all together.

Hon. Chairlady, I beg to oppose. Article 246 of the Constitution establishes the National Police Service Commission. Article 246(2) talks about the membership of the National Police Service Commission, in which the Inspector-General and the deputies are included. This means that the National Police Service Commission includes members appointed by the President, the Inspector-General and his deputies. Under Article 248 we also have the National Police Service Commission. Under Article 251(2) we have the removal of a member of any of the Chapter 15 Commissions. It provides that if anybody desires to remove a member of a Commission he or she must petition Parliament. To me, the deputies to the Inspector-General are among the members of the Commissions because the National Police Service Commission is a Chapter 15 Commission, of which the Inspector-General and the deputies are members. I, therefore, beg to oppose. Hon. Members: Do you have the numbers?

Hon. Speaker, I want to make it clear. Article 245(7) of the Constitution deals with the removal of the Inspector-General. Article 251 is in respect of the members of the Constitutional Commissions as provided under Article 248; the only person who enjoys security of tenure is the Inspector-General of Police. This amendment is trying to create security of tenure for the two deputies. That is what is envisaged in the Constitution. I would like to make it clear to my colleague that this amendment is contrary to the Constitution; it is inconsistent with the Constitution. The only person who enjoys security of tenure, and the only person who will go through the process of removal under Article 251, is none other than the Inspector-General and not his two deputies. This is why we are calling for the deletion of the Clause

Hon. Chairlady, I beg to move: THAT, Clause 49 be deleted. Hon. Chairlady, this Clause proposes to introduce a new Sub-Section (1)(a) to Section 116 of the Act, which seeks to designate the Inspector-General of National Police Service as an Accounting Officer of the National Police Service. Section 116(1)(a) provides - and that is what the House passed - that the Inspector-General of the National Police Service, shall be the accounting officer of the National Police Service. That is what we want to delete and the reasons are:- That the Constitution under Article 245(2)(b) does not envisage the Inspector- General of Police to be an accounting Officer. He is supposed to be in charge of command and operations.

Based on Article 239(5), a civilian appointed by the National Treasury ought to be the Accounting Officer, in order to protect the interest of the public in security matters. Finally, there must be a separation of management of finances and that of operation and command in the service, which is very critical in my opinion and that of the President, who I am speaking here on behalf of. That is because the Memorandum belongs to him. In the promotion of better governance in the service, the primary trust of the police reforms stands.

I am sure my colleague, who is a very good accountant, is listening very keenly. What do we have in the other sectors? In the Kenya Defence Forces, for example, the General is not the accounting officer. It is always the Principal Secretary in the Ministry of Defence, who is an accounting officer for all the Armed Forces operations. So, for the reason of governance and separation of command and the resource accountability, I beg my colleagues to support the deletion of Clause 49.

Thank you, hon. Chairlady. This time round, I am not opposing, but I just want to give a precautionary note. It is very important for the National Police Service to have its own budgetary allocation. I hope this is not a scheme. We have seen it in the Office of the President (OP), where the people in that office resist the move to have the police have their own money. We have also seen it in several occasions – especially for some of us who come from insecurity prone areas - when you go to the I-G to ask for a simple police station or just a structure, he has to write to OP so that he can be given money to build that---.

We have seen it in OP. Anglo-leasing originated there in the name of security equipment. I hope this time round, as slow as I support the President at this point, I also want him to lead from the front in fighting to make sure that there is security in the country through the police having their own budgetary allocations.

Thank you, hon. Chairlady. I do agree with my good friend hon. Bowen. It is important for the police division to have, at least, their own accounting vote. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

As a Member of Parliament, when I want to have a station built, I do not need to get other stories. The bottom line is that the vote has been there. But it has been subjected to bureaucracy and that is where corruption begins. So, we need to streamline this and make it very clean. I support.

Thank you, hon. Chairlady. I also echo the same sentiments as my colleague, hon. Bowen, that the National Police Service needs their own independence. Ever since they have been under the OP, so many things have gone wrong. That is why we have a problem of insecurity. Sometimes, even when you go to the District Commissioners (DCs), they do not have fuel. That happens even with the police. That is why corruption is there. Sometimes, when a customer calls the police asking them to solve a problem, they will ask for fuel. So, the police should have their own independence and money. I, therefore, support hon. Chairlady.

Thank you, hon. Temporary Deputy Chairlady. I do support really. It is a good amendment and we need some fair amount of independence. Some of us who engage closely with policemen in our jurisdiction, sometimes, have very sorry tales. The Officer Commanding Police Station (OCS) tells you he or she gets an allocation of two litres of fuel per day. Even the procedure of getting that allocation is too long. If anything, this will hasten the process of law enforcement. It must be supported by all. I support.

Thank you, Temporary Deputy Chairlady. I rise to support the President on this issue. We cannot create accounting officers for every department in the Kenyan Government. If we create an accounting officer for the National Police Service, why can we not then create for Prisons, the Kenya Defence Forces, teachers or nurses? The most important thing is to make our Government effective, such that the accounting officer for in the Office of the President in charge of administration should be made to be more effective and aware of the problems that arise in police stations throughout the country. For that reason, I beg to support the President.

Thank you, hon. Temporary Deputy Chairlady. I totally agree with hon. Bowen and actually, oppose this amendment of the President, although we do not have the numbers. There are some people in the Office of the President who do not want to let go off the management of funds. You know this is a cash cow. The amounts we allocate to the National Police Service are huge. We were wrong to think that we The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

could take that money away from the Office of the President. There are cartels that are using OP - and the President himself said that there is corruption in that office. If you want to know the corruption that the President was talking about, it is this one. Actually, where a lot of money is stolen is the OP, through the PSs, who are made accounting officers. I have heard hon. Jimmy Angwenyi say that we should not have many accounting officers. Why not? In fact for me, for better accountability in this country, every department should have its own accounting officer. We should not have a PS sitting somewhere and is expected and required to be the accounting officer of all the departments, including in the villages. For example, you invite an accounting officer before PAC and the gentleman or lady is blank. That is because you are asking him or her questions that he/she has no clue about.

So, I wish we had the numbers; this is one of those amendments by the President that we would have rejected. Hon. Bowen, I congratulate you, for having brought this amendment. The police should have their money and manage it, so that we hold them accountable.

Thank you, hon. Deputy Chairlady. I wish to support this amendment as proposed by the President. The arguments being floated on why we should have the Inspector-General (IG) as the accounting officer are really not valid. That is because the President’s explanation is that there is need for separation of powers. If you look at the police reforms which we are trying to implement, we are moving to a situation where, already, the IG of Police is quite independent of the Office of the President (OP). So, the problems at OP, as hon. Mbadi is saying, are soon going to be matters of the past. The accounting officer needed is going to be located within the Police Force and all we are saying is that the I-G cannot double those two functions. Let him be in charge of operations. But let there be a separate person who is the Accounting Officer and, if possible, a civilian. That is how to address issues of governance and the problem of misallocation of resources is very likely going to be sorted that way.

Thank you very much, hon. Temporary Deputy Chairlady. I stand to support. Even us, as Members of the National Assembly, we are not the accounting officers of the Constituencies Development Fund (CDF). We are just patrons of CDF and the job is usually done very well. Due to transparency and accountability, let the I-G not have those powers. The I-G can do a good job but let him not be the accounting officer. Thank you very much.

(Question, that the words to be left out be left out, put and agreed to)

(Clause 49 as amended agreed to)

REPORTS

THE MEMORANDUM FROM HIS EXCELLENCY THE PRESIDENT ON The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

RESERVATIONS TO THE NATIONAL POLICE SERVICE (AMENDMENT) BILL

Hon. Temporary Deputy Chairlady, I beg to move that the Committee does report to the House its consideration of the Memorandum from His Excellency the President on Reservations to the National Police Service (Amendment) Bill, National Assembly Bill No.18 of 2013 pursuant to the provision of Article115 (1)(b) of the Constitution and its approval thereof without amendments.

(Question put and agreed to)

(The House resumed)

[The Deputy Speaker (Hon. (Dr.) Laboso) in the Chair]

THE MEMORANDUM FROM HIS EXCELLENCY THE PRESIDENT ON THE NATIONAL FLAG, EMBLEMS AND NAMES (AMENDMENT) BILL

Hon. Deputy Speaker, I beg to report that the Committee of the whole House has considered the Memorandum from His Excellency the President on reservations to the National Flag, Emblems and Names (Amendment) Bill of National Assembly Bill No.23 of 2013 and approved the same with amendments.

Hon. Deputy Speaker, I beg to move that the House does agree with the Committee in the said Report on the Memorandum from His Excellency the President on the reservations to the National Flag, Emblems and Names (Amendment) Bill, National Assembly Bill No.23 pursuant to the provisions of Article 115(1)(b) of the Constitution.

THE MEMORANDUM FROM HIS EXCELLENCY THE PRESIDENT ON THE NATIONAL POLICE SERVICE (AMENDMENT) BILL

Hon. Deputy Speaker, I beg to report that the Committee of the whole House has considered the Memorandum from His Excellency the President on the National Police Service (Amendment) Bill, National Assembly Bill No.23 of 2013 and approved the same without amendments. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Deputy Speaker, I beg to move that the House does agree with the Committee in the said Report on the Memorandum from His Excellency the President on the reservations to the National Police Service (Amendment) Bill, National Assembly Bill No.18, pursuant to the provisions of Article 115(1)(b) of the Constitution. .

MOTION

ADOPTION OF PIC REPORT ON PROCUREMENT AND FINANCING OF SGR CONSTRUCTION

THAT, this House adopts the Special Report of the Public Investments Committee on the Procurement and Financing of the Construction of the Standard Gauge Railway from Mombasa to Nairobi (Phase I), laid on the Table of the House on Wednesday, 30th April, 2014.

(Hon. Keynan on 18.6.2014)

(Resumption of Debate interrupted on 18.6.2014)

Hon. Deputy Speaker

Okay. Hon. Members, you remember yesterday the question had been proposed on this Motion. Therefore, we are just continuing with the debate. It had been moved, seconded and the question proposed. Hon. Members, from my list here, it is hon. Lenard Tonui’s chance to contribute.

Thank you, hon. Deputy Speaker. I rise to support this Report. I wish my good friend, hon. Alfred Keter, was around to also contribute to this Report because he had a lot of information on this Report. Hon. Deputy Speaker, this Report on the SGR has been discussed in various forums and the SGR will enable us get access to a cheaper mode of transport in transporting various commodities within this country. The other day, someone was saying in Bomet that, that railway may not touch people’s lives in our villages, and that we are keen to have better roads in our villages and not care about SGR. But the issue here is that we do export a lot of tea from Bomet and we require a SGR, which is a cheaper means of transport. It is our wish that we could create branches in various parts of this country so that we can be served better. I do not know why we have never thought of ensuring that we extend the rail system in this country. That is because elsewhere else in the world, they are using the rail means of transportation. The developed countries are using the rail as the best means of transport. When you come to Nairobi where the use of the railway transport is limited, there is a lot of traffic jam and we waste a lot of time to report to work. Every morning, we The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

waste two hours and then in the evening, we waste another two hours. Therefore, if we could move to a better mode of transport in this country, the economy will grow faster and we will be able to create jobs. Hon. Deputy Speaker, it has been said – even though I am not an expert on issues of railways but - from the information which has been availed to us, the SGR is going to create many jobs in this country. That is what we are keen to do in this country. We need to do something so that we have more jobs created for our people. As we go to our constituencies, the biggest problem we have currently is lack of employment. If there is anything which can create or promise employment, I will always support it. I believe the SGR is one of them and I support it. This country needs to industrialize so that we get more jobs created. Hon. Deputy Speaker, I was not happy by the way we allocated very little money to the Ministry of Industrialization and Enterprise; just about Kshs7 billion. We need this country to industrialize. We should allocate more money to that Ministry. We have been talking about special economic zones which should be in various parts of this country. They should be connected by the SGR and that could expand the economy. That is how other countries in the Asian Tigers have developed. They have developed through those special economic zones. We are yet to really implement that. We keep on discussing it, but we are yet to put it into action so that we can change our economy. Hon. Deputy Speaker, the other day, we were told that the money to finance that project is coming from China; a cheaper loan to this country. The Cabinet Secretary, National Treasury went abroad to look for more money to develop the economy. I understand he will get a lot of money. He was going for Kshs130 billion, but the media is saying that he will get over Kshs700 billion. I wish we could go for all that money; not only to finance Government operations, but simply to take this money to the business people and the farmers through various banks that are owned by the Government. For example, institutions like Agricultural Finance Corporation (AFC) should be given money so that they can loan our people at a lower rate of interest. The bank interest rates that we have currently are over 20 per cent. If you borrow money at that interest rate, what kind of business can you do to repay the loan? Therefore, I would wish that we become proactive in ensuring that we get more resources; the way we were able to get finances from the Chinese. It should not be meant for the National Government only. The money should be sourced and taken to the grassroots for the villagers to borrow so that we can stimulate growth in all the sectors of this country. Hon. Deputy Speaker, this will be a plus for the Jubilee Government. It will be a flagship project; something which it can be remembered; or something which can be a legacy. That SGR can serve that purpose. The Government of nusu mkate - the previous Government – can be remembered for infrastructure. That is because they did something good. They even constructed the Thika Super Highway – I believe so. But we need to remember the Jubilee Government through the SGR.

Hon. Deputy Speaker

Hon. Tonui, which Government are you talking about? Hon. Member, please, make your contributions so that you do not go back and forward. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Doing history is part of this contribution and analysis. Therefore, I am saying that, that flagship project of SGR for Jubilee, if it is going to succeed, I believe we will remember Jubilee through the SGR. We must support that project so that we can transform the country. In this Report, it is clearly stated that the company which is going to construct the SGR – there were lots of stories in the media that the company which was going to do that project does not even have a legal standing. I think in the Report tabled by the Committee, it is clearly stated that it has a legal basis to transact business. Therefore we need to support the Report. The China Roads and Bridges Company is a legal entity and the Committee has verified it. The Committee visited its places and concluded that it has the financial capacity to do that project through the various banks. I think that is okay. The technical capacity has been assessed by the Committee and found to be okay. That is why we are also supporting. But I was just wondering if the railway which we are trying to put, the best speed a railway engine can move is 120 km per hour. Even hon. Members of PIC who went to China said that the trains there are moving at speeds of 330km per hour. I do not know why they did not go to that extend of ensuring that the train which we will have in this country should move at that very fast speed, so that when you move from Nairobi to Mombasa, you can take one and half hours. If you are moving from Mombasa to Malaba, it could take two to three hours. That could be the best. I would wish that the Jubilee Government thinks of ways of generating power to ensure that the railway, which it is going to put up, is electrified and not the one that uses diesel. The current railway system is using diesel. Why should we be sticking to it? We need to move to another mode of transport which uses electrified railway system now that we can generate more power in this country. With those remarks, I support this Report.

Hon. Deputy Speaker, I want to support the Committee’s Report because it did a thorough job and the Standard Gauge Railway (SGR) will make this country develop. I want to say that this country recently discovered enormous deposits of coal and iron ore in Taita Taveta and lignite coal in Kitui, which is the best quality which burns without emitting smoke.

On a point of order, Hon. Deputy Speaker. I have no bad intentions to interrupt my leader but, in the interest of that project and hon. Members who are ready to contribute, I humbly request whether we can reduce the time from five minutes to three minutes so that, at least, we have a number of hon. Members to contribute on this. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Deputy Speaker, I started by saying that we are very blessed in this country with natural resources. I am saying that we have discovered iron ore in Taita Taveta and very good quality coal in Kitui, Ukambani. The SGR will be used to export the raw materials and also manufactured goods. The SGR will spur economic growth and we should look at this in a bipartisan way; that this is a good project for this country. For any country to develop, it has to develop its infrastructure so that it can move its goods from one point to the other; so that it can move goods, services and passengers. The old railway could not develop this country because trains cannot travel faster. Throughout the world, 60 per cent of the countries of the world use SGR. This is a step in the right direction.

For those economic giants that have grown fast like Brazil, India, China and South Africa, they rely mostly on railway transport more than road because if you use the rail transport, you will transport more goods unlike the road transport where each lorry carries only one or two wagons. A train will carry so much and it will not require guards along the way. So, it will be cheaper to transport goods and services.

Hon. Temporary Deputy Speaker, we will also have a market for our steel. Right now, we have iron ore but this country should move to the next step of manufacturing steel from the iron ore. We have a market for that steel with the railway. This railway will create jobs; young men will be trained as engineers. There will be so many contracts and so, if you do a cost benefit analysis, you will find that the railway will bring more important things in this country. Currently, the Numerical Machining Complex (NMC) The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

For any country to develop, today as we speak, it must have good infrastructure. The biggest economy in the world is the USA. If you read economic journals, you will find that 18 per cent of the global trade is controlled by USA, 9 per cent by China, 8 per cent by Japan, 5 per cent by Germany and 4 per cent by Britain and Italy. But today, the BRICS (Brazil, Russia, India and China) have moved and pulled the rag from the feet of developing countries. Why have they done it? It is because they have put a lot of money in infrastructural development and especially, the railway. If you consider how often we repair Mombasa Road because of the use of big trucks and how much we lose in repairing it--- Each lorry has to be escorted by armed guards unlike the railway line which will pull hundreds of carriages without guards. It will not destroy our roads and so this is a worthy project, irrespective whether it is from Jubilee or CORD. It is beneficial to this country.

This railway will be useful if the Government starts sourcing for funds so that the Kisumu route and the other route to Malaba is constructed. We may make Nairobi a kind of dry port; a container terminal where goods are transported easily. But when they reach Nairobi, you cannot transport them fast. So, we have to source for that money for that railway to be useful and for the economy to expand. When a good project comes from the Government, it is good to support it because it is good for this country. We should take a bipartisan stand. In the interest of peace, we have also agreed to suspend all rallies.

This is so that we can mourn the dead ones and unite this country. I want to say that it is good that this country starts training our people so that they take jobs in that railway. Let the contracts that are given be done by Kenyans. They should be given to Kenyans but not to foreigners.

Hon. Temporary Deputy Speaker, road transport in Kenya accounts for 92 per cent and railway transport accounts for a very minimal percentage. Unless we change it and make it vice versa, this country will not develop. It will be held at the mercy of the big tycoons who have big lorries. They will try to oppose everything but we have to support this for this country to develop; for the future generations. There is some misspelling. Instead of writing “berth” they have substituted it with “birth” which means giving birth. However, it is berth: The berths at the port. I hope you correct that English. Those who never went to good schools have to make sure that---

Hon. Temporary Deputy Speaker, I will take very little time. But I want to pose serious moral questions. Where is hon. Alfred Keter, the complainant in this case? I want to speak like a lawyer. There was a complainant who made Parliament to do an investigation and I want to say that he is a good friend of mine. Hon. Temporary Deputy Speaker, if you allow me---.

The Temporary Deputy Speaker

(Hon. (Ms) Mbalu): On a point of order, Leader of Majority Party from hon. Kaluma. What is out of order?

This is a Report of the Committee. I do not think it is right for us to scandalize a leader and a Member of the House, particularly when those issues he was raising for the good of the country are now addressed. I think he assisted and we should respect him

Hon. Temporary Deputy Speaker, I want to confirm and go on record that, if I raise an issue as a Member for Garissa Town and I am not here--- Hon. Alfred Keter, in my opinion and he is my very good friend, should have either come to support or to oppose this Report. I am not imputing anything else.

The Temporary Deputy Speaker

(Hon. (Ms) Mbalu): Hon. Leader of Majority Party. This Report now is the property of the House.

Hon. Chair, I also want to rise on a point of order. I think what the Leader of the Majority Party is raising is not a light matter. The reason for this Report - yes it is the property of the House - but this whole Report has been dirtied all over the country. It has been discussed on public platforms, I think it is only fair as we said earlier, that when Members take up an issue, they complete it, to give dignity to this House.

The Temporary Deputy Speaker

(Hon. (Ms) Mbalu): Leader of Majority Party, you have a few minutes to complete your---

Hon. Temporary Deputy Speaker, you have to agree with me that yesterday, serious issues were raised on the integrity of one of my best friends, hon. Linturi, for collecting signatures. This Report will - and I want to thank hon. Keynan and the Leader of Minority - who is a Member and this Parliament - for shaming people out there who can raise their voices in rallies and funerals, hon. Ichung’wah who is the Member for Kikuyu and the whole House, that today, I want people to have the integrity of some of the people I respect like hon. (Eng) Gumbo. That, today if I was the whistle- blower on this matter, I must have been in this House. That is why we say the dignity of this House must be respected and integrity must be upheld. The Committee on Public Investments chaired by hon. Keynan, we want to salute you. We want to salute you because, a Government that wanted to do a transformation agenda in the infrastructure, The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

which was in our pledge and Manifesto, somebody decided to work with crooks and businessmen to smear the name of the President. Today, that person is not here. I watched. The standard gauge railway is a serious issue in our country. The media played it for many days. Members went to talk shows and names of great leaders, including the Deputy President and the President, their character and the character of the Government was put to question as far as this matter is concerned. What do we have today? The oversight role of Parliament under Article 95 has been upheld. I hope and pray that if hon. Alfred Keter is not watching me, the people of Nandi Hills are watching me. That the men and women you sent to Parliament must be men and women above reproach. That is what they say; that is what they believe in. That what they say is what they stand for, and their constituencies stand for. Let me now come to the substantive matters. The railway project was started in 2008 by the Grand Coalition Government of the nusu mkate fame, which I left midway when I realized their vision and aspirations were taking Kenya nowhere. I was very lucky because I was new in politics. They conceived a baby, called standard gauge railway in 2008 but the mother could not give birth until one His Excellency the President, hon. Uhuru Muigai Kenyatta became the President. In nine months, as medical doctors will agree with me, he said that baby must be delivered. I want to thank hon. Keynan because your Committee mid-wifed the SGR. Your Committee went into the labour room and made sure that the baby had no deformities; that the eyes and legs are okay. You behaved like a gynecologist.

You told the President and the Jubilee Government that your baby is clean and it will be born. The baby was born in highly profiled publicized forum attended by even those who brought the nappies; the Prime Minister of China. If you want to lead a political party in this country, you must stand for integrity. This Committee has raised something very fundamental. The baby has no defects. The baby is as good as my four year old baby called Abubakar. It has a father and a mother. He has insurance. The money is paid, the baby will go to school and the baby will go to the university. That railway project is a reality, a signature project of hon. Uhuru Kenyatta. If that baby is born, people will remember hon. Uhuru Muigai Kenyatta, the way they remember hon. Mwai Kibaki for the Thika Super highway. Kenyans know. I use that road on my way to Garissa. It is hon. Mwai Kibaki, not the other nusu mkate .

I am very sorry for my good friend the former hon. Prime Minister, who taught me politics. Hon. Keynan and his Committee have made fundamental recommendations, and I want to go to that. It is about the independent consultancy. They say a fresh transparent, free and independent consultancy for this railway must be carried out if this House approves. With no case, with the disappearance of one hon. Linturi, Madam Ann Waiguru is off the hook. I am telling my good friend the Cabinet Secretary for Infrastructure. The trap has been set. There are many Linturis in this House and very The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

few Alfred Keters. There are very many intelligent Members of Parliament who can impeach you if you disagree with the resolutions of this House. So, we are telling the Cabinet Secretary for Transport and Infrastructure, we are telling Government, that now that this Committee has even crafted the second phase of the project--- Hon. Keynan and your Committee, you have even told the Presidents of East Africa like hon. Uhuru Kenyatta, hon. Kaguta Museveni and hon. Kagame, in a tripartite agreement, you have recommended that another baby to be born from Nairobi to Malaba. By the end of term of this Parliament, we will have three railways. That railway, if built, is not going through my county. But the LAPSSET project will go through my county. But if this railway is built, I can tell you and confirm on the HANSARD, that the economic growth rate will go up and that infrastructure alone will introduce between five and seven percent growth. Stand for what can sell. Hon. Ng’ongo, however minority you are, you might be the only one. Hon. Kaluma is a serious lawyer in town. In a case before a judge, where the complainant, his cronies and businessmen who financed him are watching---.

The Temporary Deputy Speaker

(Hon. (Ms) Mbalu

):

No! Hon. Temporary Deputy Speaker, I am relevant because hon. Alfred Keter is the common denominator in the standard gauge railway. There is no way you can discuss standard gauge railway without my good friend hon. Alfred Keter, unless you are telling me, like the Leader of Minority, I did not go to a good school. I did not go to a village school. I went to one of the best schools and I was there with hon. Keynan. I went to Moi Forces Academy in the City. It is in Buruburu.

Yes! Military is good because we are the ones who read the condolences of a brilliant military man. So you must respect the military. I want to urge my colleagues that the Constitution has given us a function to make sure we do oversight, representation and legislation. I want to tell my colleagues that the Executive has a function. We should play our oversight role, represent and legislate. The work of the Executive is to implement while the Judiciary is the overseer of the two arms of the Government.

I want to tell my colleagues that when we raise an issue, let us raise it based on the interests of the people of Kenya. Let us not raise issues because of rent-seeking. Let us not raise issues because we want to get some money to hire a chopper to Garissa or Suba.

Hon. Mbadi is not, but I have given an example of Garissa and Suba. When we raise an issue of oversight, let us do so when we have the facts and figures. Let us even appear before the Committee and even disagree with it. I expected hon. Alfred Keter to come to the House and either agree or disagree with the Report of the Committee.

Hon. Temporary Deputy Speaker, this is similar to that. As the Leader of Minority has said today, the Constitution that we used on oversight is very serious and we cannot play around with this. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

In conclusion, although I was tired, there was no way I could leave without contributing to this Report because I deferred with Alfred Keter and I am now alone in the House. I wanted to face him face to face. As I said long time ago, his Parliament is Kass FM. His National Assembly is the rallies and the funerals he attends in Nandi County where he talks about other leaders.

Hon. Temporary Deputy Speaker, I beg to support this Motion and sit down.

The Temporary Deputy Speaker

(Hon. (Ms.) Mbalu): Thank you. Hon. Members, I want to read to you Standing Order No.87(4). It says:- “No Member shall impute improper motive to any other Member or to a Senator except upon a specific substantive Motion of which at least three days’ notice has been given, calling in question the conduct of that Member or Senator.”

Thank you, hon. Temporary Deputy Speaker. I want to start by thanking the PIC Chair and the entire membership. The current railway line that we have in this country is extremely old and it has a number of shortcomings. That is starting from technology, speed to capacity.

Hon. Temporary Deputy Speaker, I want to be very brief. That railway has a number of benefits to this country. It will promote entrepreneurship, create wealth and job opportunities. It will improve both the social and economic aspects of Kenya and the neighbouring countries. Of course, it will help reduce the traffic jams in this Republic and minimize accidents in this country.

By the time this project will be completed, this great nation of Kenya will not be the same again. I believe that the standard gauge railway is a noble project for the welfare of the great people of this country.

Thank you, hon. Temporary Deputy Speaker for giving me this opportunity to contribute to this noble Report. First, I want to thank hon. Keynan for his great leadership to this Committee which has enabled it to come up with such a Report, which clears a lot of agony that has been bothering hon. A.B. Duale.

The project will ease transport of commodities and containers for people who do business. So, we are increasing the business capacity between Kenya, Uganda and Rwanda because of high efficiency. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

It is high time as a country we moved from the old way of doing business and we embrace the new technology of doing business. That project will definitely give Kenya a new face. It will open up this country for better opportunities with other countries.

I want to say without fear or favour from any quarter that, that is a project of economic value - whether people like it or not. We can be assured that the money we have been spending to repair and maintain Mombasa Road will be diverted to our rural areas. The destruction of roads by trucks will be minimized.

Initially, there was a feeling that we, Members in PIC, were not supporting that project. That is not the case. All we are saying is that procedures should be followed. The procurement procedures in this country should be adhered to strictly when we are doing that project.

PIC is saying that the Cabinet Secretary in charge of that project should make sure that the legal framework is in place so that the Kenyan people can get value for their money. As Members of the Committee, we are really supporting the project. The railway system that we have today, which is connecting Kenya to Uganda, is 100 years old. So, the new project will change the lives of Kenyans. With those remarks, I beg to support.

The Temporary Deputy Speaker

(Hon. (Ms.) Mbalu): Yes, Member for Igembe North!

(Loud consultations)

The Temporary Deputy Speaker

Hon. M’uthari, you have three minutes. Hon. Members, I can assure you that I have many requests. So, far, I have 22 requests.

The project is very important in terms of its contribution to this country’s economy. It will reduce the cost of transporting goods and people from Mombasa to Nairobi. It will also contribute, to a very large extent, to Kenya being more competitive in The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

terms of investments. It will also increase the competitiveness of Kenya as a regional economic hub. Further, the project will improve the competitiveness of Mombasa, as a port. We are also faced with competition from our neighbours. That kind of facilitation of movement of goods and people is expected to reduce in time of transport. It will contribute immensely to the economy of this country.

Hon. Temporary Deputy Speaker, many jobs will be created through that project in the service and hospitality sectors, as well as in real work execution. The project will also enhance the growth of other related industries, especially in the area of manufacturing. So, that is a good project. The project will lead to skills transfer. Our engineers and other technical staff will gain experience in the management of those kinds of facilities that will be put in place. At the same time, the project will help to reduce the cost of transport and maintenance of roads occasioned by heavy haulage of goods by trucks. The project is good for our country. I would like the Government officials involved in its implementation to strictly follow the instructions that have given by the Committee, so that Kenyans can have value for money. Such projects have previously been misused and, therefore, we end up not getting value for money. Hon. Temporary Deputy Speaker, there has been an attempt by some busy-bodies to sabotage any mega project instituted by this Government, so that they can engage in blame game---

Hon. Temporary Deputy Speaker, I want to thank you. Since a lot has been said, I would not want to repeat the same. I have always maintained that the biggest problems that we have had in this country are the issues of equity and equalisation. The level of degradation in some parts of Kenya is truly appalling. Therefore, this should serve as the first step of bringing the railway line to Nairobi and take it to other parts of the country, so that even the marginalised parts of Kenya can feel that they truly belong to Kenya and have a reason to be proud of being Kenyans. There is so much social tension in our country due to the level of inequality. I have said here before and I say it again that it is unacceptable that 50 years after Independence, we still have whole counties in Kenya which do not have a single metre of tarmac road. So, this is a good project. Of course, we will have to be concerned that when the resources are deployed – resources which will ultimately be repaid by the people of Kenya – it is done prudently and in line with the requirements of Article 203 and other relevant Articles of our Constitution. It would be imprudent if the burden of its repayment is passed over to future generations. The repayment burden of this loan has to be shared equally between the present and future generations of this country. Hon. Temporary Deputy Speaker, more fundamentally, as we look forward to opening up the economy of the country, projects like this one should start going to the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

marginalised areas of Kenya. I have in mind Tana River, Garissa, Wajir, Marsabit, Turkana, Samburu, West Pokot counties, and all other marginalised areas. If we can be able to extend flagship projects of this nature to those counties, primitive practices like cattle rustling that we see all the time; inter-clan rivalry, ethnic hatred and other social ills can be done away with in the sense that all of us will have a way of getting actively involved in economic activities. Hon. Temporary Deputy Speaker, I am in this House, courtesy of the fact that I am privileged to be an engineer. One of the biggest things that we should aim to achieve is capacity building of our local technical people. I have in mind not just engineers, but even our lawyers. When it comes to conveyancing or projects---

(Hon. (Ms.) Mbalu): You are quite in order. It is at the discretion of the House to decide. Hon. Members, I will put the Question. It is up to you to decide whether the Mover should be called upon to reply or not.

(Question, that the Mover be now called upon to reply, put and negatived)

Hon. Temporary Deputy Speaker, I am in support of the Report. Despite the fact that rail transport is a very important component of our country’s economy, the current railway line is 100 years old. We are under constant threat from Tanzania. We might lose this prestigious position as the transport hub of the East African region. Tanzania has just invested about US$11 billion in the construction of a sea port in Bagamoyo, in trying to compete with us for the market of Rwanda, Uganda and Burundi. If we do not move very fast, we will lose to Tanzania. Therefore, I support the Government and this Report in particular, so that we can move very fast and take over the market ahead of Tanzania. We have a comparative advantage, but we need to move very fast. This is a flagship project of Vision 2030. It is one of the projects that will open up parts of our country for economic development. Other than that, the economies of scale of rail transport are very positive. Hon. Temporary Deputy Speaker, there is no other form of transport that can move volumes of goods as big as rail transport. We know for sure that it is cost-effective in times of freight and passenger movement. It is safe, efficient and more environmentally friendly. More importantly, the project will create jobs for our people. The project is in line with the current Budget that we have adopted. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Temporary Deputy Speaker, may I thank the Committee and the hon. Member who raised these issues. Because of the intervention of the Committee and the issues raised by hon. Keter, we now know contrary to the contradictory positions which were initially there, that the Government has not actually entered into any contract or any financial obligations. The Committee is now recommending that if that is going to happen, then we do it in accordance with the law. Because of that great hon. Member’s intervention, the Government is now being required by the Committee to undertake a survey between Nairobi and Malaba and, happily, through Kisumu also. This way, we will definitely have a time frame for expecting something from that part of the country. I have one issue about consultancy. We have professionals who are mature. My hope is that as much as the Committee has recommended that the Government should engage an independent supervision consultant in the matter, we are not going to search for Japanese, Chinese, Italians and so on. I hear some of them are hanging around thinking that this is meant for them. Let us give Kenyans an opportunity to undertake this.

I also want to pray this: We will develop this Standard Gauge Railway (SGR), but we should not concession it to other foreign entities in the manner we did with Kenya Railways Corporation. In fact, I will be raising an issue with the Committee later on about what is going on at Kenya Railways. I want to request the House that we do not remove our eyes from that simply because we are establishing another one. I support.

Hon. Temporary Deputy Speaker, I want to thank the Committee for the work they have done. However, I want to refer to the terms of reference which came from this House when this matter was raised by hon. Lomien Korei. I think the Committee addressed the first three pertinent things, but the final one, Part V, which was on looking at the Environmental Impact Assessment Report--- That railway line, 150 kilometres of it, passes through my constituency. By design, it will actually fence off two parts on both sides and it will significantly affect the people of Kibwezi West. I listened keenly to the presentation by the Chairperson of the Committee where he referred pretty heavily to Vision 2030 and its effects on the social, economic and political pillars. When you start cutting off significant truths--- We have provided for animals to pass through - when I looked at the design during the symposium by Kenya Railways Corporation – but there are no man routes. Whereas I agree that we are going to have an independent consultant to review the design, when you look at the presentations by the Chairperson of the National Land Commission regarding the process of acquisition and compensation of land, you will realize that for some resources which are pretty dear to us like water, there is no amount of money you can peg when compensating for land which has such a resource. When you excise one part of the constituency without The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

providing proper under-passes in the design, that will significantly affect the economic status of the people. So, I am calling upon this House to further look into this matter and highlight these issues because they will gravely affect our people. We need to ensure that consultations are there. The consultations that took place were more of a PR exercise; they did not consider the people who live along that corridor. I urge my big brother hon. Keynan and his Committee to take a greater look at Part V of the Report which is on the EIA of the project as highlighted by hon. Lemein.

Thank you hon. Speaker. In the interest of time,, one thing you cannot take away from hon. Keynan is when you give him a job to do, he does it well. Therefore, usually when he presents a Committee Report, I usually have little difficulty with it. I wanted to also urge that the Ministry should now take this Report, look at it, read it carefully and implement exactly what the Committee has recommended. Finally, I just wanted to remind those of us who are forgetting that, this is one of the projects that we actually started when I was in Government. Many are forgetting that I was also at one point in the Government, in the Executive of this Republic as the able Assistant of the Prime Minister. I used to call myself “Assistant Prime Minister” although, I was an Assistant Minister in his office. I remember this is one of the Projects that we were having a lot of interest in. Therefore, we thank the Jubilee administration for taking over this project and for not abandoning it. Please go on with it. We were discussing with the Temporary Deputy Speaker, who is today’s Speaker, that this railway project will even pass through her constituency and that she is seeing potential of opening up that area and even other areas of this Republic. I, therefore, support this Report fully and I urge the Ministry to implement it fully.

The Temporary Deputy Speaker (

Hon. (Ms). Mbalu): Thank you. My Constituency is Kibwezi East. You should have stated that it is going to benefit. Hon. Members! Please observe dignity in the House. Hon. Member for Funyula.

Thank you, hon. Temporary Deputy Speaker. Let me also join the rest of my colleagues in congratulating the Chair of Public Investment Committee (PIC) for a thorough job and diligence. I think that is a major flagship projects as we have already been told. I am always reminded of the strategic position of Kenya as a country; where we are located. We in a very strategic place in the African Continent and the only way that we can progress is to take advantage of that strategic position and translate it into the economic wellbeing of our people. I am reminded - or my memory is jogged - to share one or two books that I have read---

Hon. Members, I must appreciate the anxiety and the great numbers that want to contribute to this. But this is a House of procedures and rules. You will have your two minutes, hon. Otuoma. Hon. Members, it is now 6.30 p.m. and the House stands adjourned until Tuesday, 24th June, 2014, at 2.30 p.m.